IN RE BELT, PETITIONER, 159 U. S. 95 (1895)

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U.S. Supreme Court

In re Belt, Petitioner, 159 U.S. 95 (1895)

In re Belt, Petitioner

No number

Submitted April 29, 1895

Decided June 3, 1895

159 U.S. 95


The Supreme Court of the District of Columbia had jurisdiction and authority to determine the validity of the Act of July 23, 1892, c. 236, which authorized the waiver of a jury and to dispose of the question as to whether the record of a conviction before a judge without a jury, where the prisoner waived trial by jury according to statute, was legitimate proof of a first offense, and this being so, this Court cannot review the action of that court and the court of appeals in this particular on habeas corpus.

The general rule is that the writ of habeas corpus will not issue unless the court under whose warrant the petitioner is held is without jurisdiction, and that it cannot be used to correct errors.

Ordinarily a writ of habeas corpus will not lie where there is a remedy by writ of error or appeal; but in rare and exceptional cases, it may be issued although such remedy exists.

Page 159 U. S. 96

The case is stated in the opinion.

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