In re Eaton
| Decision Date | 10 April 1873 |
| Citation | 27 Mich. 1 |
| Court | Michigan Supreme Court |
| Parties | In re Mary Eaton |
Heard April 9, 1873
Application for habeas corpus.
Prayer of the petition denied.
F. A. Baker, for petitioner.
The prisoner is in confinement in the house of correction, under sentence for larceny from the person. Petition was presented for a writ of habeas corpus, to test the sufficiency of the information on which she was convicted. The court held that this would be to make the writ of habeas corpus take the place of a writ of error, which was not an allowable use of the process, and consequently they denied the prayer of the petition.
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Dye v. Skeen
...In Re Blair, 4 Wis. 552; People v. Cassells, 5 Hill [N.Y.] 164; State v. [Towle, 42] N.H. 540; Williamson's Case, 26 Pa.St. 9; Matter of Eaton, 27 Mich. 1. * * 'Errors which render the judgment merely voidable and do not make it absolutely void, can not be enquired into under a writ of habe......
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...objective factor external to the defense [that] impeded ... efforts to comply with the State's procedural rules").2 See also In re Eaton, 27 Mich. 1 (1873).Statements to the contrary in People v. Johnson, 396 Mich. 424, 444, 240 N.W.2d 729 (1976), are simply unfounded obiter dicta. People v......
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Ex parte Talley
...that an objection to the verification of an information, not made until after the jury is sworn, comes too late. In the case of In re Mary Eaton, 27 Mich. 1, it was held that a writ of habeas corpus will not be granted, after a final judgment in an ordinary criminal case, to test the suffic......
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Ex parte Krusiewicz, Motion No. 118.
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