Jones v. Perkins
| Decision Date | 07 January 1918 |
| Docket Number | No. 738,738 |
| Citation | 245 U.S. 390,38 S.Ct. 166,62 L.Ed. 358 |
| Parties | JONES v. PERKINS, Deputy U. S. Marshal, et al |
| Court | U.S. Supreme Court |
Mr. J. Gordon Jones, of Cordele, Ga., for appellant.
Mr. Solicitor General Davis, of Washington, D. C., for appellees.
Jones, the appellant, was arrested under a warrant charging him with a failure to register as required by the Act of Congress of May 18, 1917, known as the Selective Draft Law (Public No. 12, 65th Congress, c. 15, 40 Stat. 76), and after a hearing by a United States Commissioner was committed to custody to await the ensuing term of the United States District Court. Alleging that he was illegally restrained because the statute under the assumed authority of which he was held was repugnant to the Constitution of the United States, he petitioned the court below for a writ of habeas corpus. Following a rule to show cause and a hearing on the return thereto the petition was denied on the ground that the statute was constitutional (243 Fed. 997), and to reverse the order so adjudging this direct appeal was prosecuted.
It is well settled that in the absence of exceptional circumstances in criminal cases the regular judicial procedure should be followed and habeas corpus should not be granted in advance of a trial. Riggins v. United States 199 U. S. 547, 26 Sup. Ct. 147, 50 L. Ed. 303; Glasgow v. Moyer, 225 U. S. 420, 32 Sup. Ct. 753, 56 L. Ed. 1147; Johnson v. Hoy, 227 U. S. 245, 33 Sup. Ct. 240, 57 L. Ed. 497. If that rule applied, therefore, our duty would be...
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Bens v. United States
... ... reviewed by habeas corpus. See the cases cited in the margin ... In the ... recent case of Jones v. Perkins, 245 U.S. 390, 38 ... Sup.Ct. 166, 62 L.Ed. 358, the Chief Justice said it was well ... settled that, in the absence of exceptional ... ...
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Swindler v. Warden
... ... affirmative defense to a state criminal charge prior to a ... judgment of conviction by a state court.”); Jones ... v. Perkins, 245 U.S. 390, 381, 38 S.Ct. 166, 62 L.Ed ... 358 (1918)(“It is well settled that in the absence of ... ...
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Friend v. Circuit Court of McDowell Cnty.
... ... charge prior to a judgment of conviction by a state ... court.”); Jones v. Perkins, 245 U.S. 390, 381, ... 38 S.Ct. 166, 62 L.Ed. 358 (1918)(“It is well settled ... that in the absence of exceptional ... ...
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Washington v. Clemmer, 18602.
...regular judicial procedure should be followed and habeas corpus should not be granted in advance of a trial." Jones v. Perkins, 245 U.S. 390, 391, 38 S.Ct. 166, 62 L.Ed. 358 (1918). "The writ of habeas corpus is not intended to serve the office of a writ of error even after verdict; and, fo......
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The Fiction of the First Freedom
...the civil rights of three persons. 3 Davis v. Beason, 133 U.S. 333 (1890); Arver v. United States, 245 U.S. 366 (1918); Jones v. Perkins, 245 U.S. 390 (1918); Cantwell v. Connecticut, 310 U.S. 296 (1940); Minersville School District v.Gobitis, 310 U.S. 586 (1940); West Virginia Board of Edu......