Woolsey v. Best, 256

Decision Date12 October 1936
Docket NumberNo. 256,256
Citation57 S.Ct. 2,299 U.S. 1,81 L.Ed. 3
PartiesWOOLSEY v. BEST, Warden
CourtU.S. Supreme Court

Appeal from the Supreme Court of Colorado.

Mr. Thomas H. Gibson, of Denver, Colo., for appellant.

Mr. Charles Roach, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant brought this proceeding in the Supreme Court of Colorado to obtain a writ of habeas corpus. His petition was denied without opinion. It appears that appellant was held pursuant to conviction for violation of section 2676, C.L.1921, being section 40, c. 44, Sess.Laws 1913, of the laws of Colorado (see, also, section 2740, C.L.1921, being section 85, chapter 44 of Session Laws of 1913), the judgment of conviction having been affirmed by the Supreme Court of the state. Woolsey v. People, 98 Colo. 62, 53 P.(2d) 596.

It is well established that the writ of habeas corpus cannot be used as a writ of error. This is the rule in Colorado as well as in this Court. The judgment of conviction was not subject to collateral attack. People ex rel. Burchinell v. District Court, 22 Colo. 422, 45 P. 402; Martin v. District Court, 37 Colo. 110, 115, 86 P. 82, 119 Am.St.Rep. 262; Chemgas v. Tynan, 51 Colo. 35, 116 P. 1045; In re Arakawa, 78 Colo. 193, 196, 240 P. 940; In re Nottingham, 84 Colo. 123, 128, 268 P. 587. Compare Harlan v. McGourin, 218 U.S. 442, 31 S.Ct. 44, 54 L.Ed. 1101, 21 Ann.Cas. 849; Riddle v. Dyche, 262 U.S. 333, 43 S.Ct. 555, 67 L.Ed. 1009; Craig v. Hecht, 263 U.S. 255, 277, 44 S.Ct. 103, 106, 68 L.Ed. 293; Knewel v. Egan, 268 U.S. 442, 445, 446, 45 S.Ct. 522, 524, 69 L.Ed. 1036; Cox v. People of State of Colorado, 282 U.S. 807, 51 S.Ct. 103, 75 L.Ed. 724. It is apparent from the record submitted that the state court had jurisdiction to try the appellant for violation of the statute in question and that any federal question properly raised as to the validity of the statute could have been heard and determined on appeal to this Court from the final judgment in that action. The Supreme Court of the state was not required by the Federal Constitution to entertain such questions on the subsequent petition for habeas corpus, and it does not appear that its denial of the petition did not rest upon an adequate nonfederal ground. Lynch v. State of New York, 293 U.S. 52, 55 S.Ct. 16, 79 L.Ed. 191, and cases there cited. The appeal is dismissed for the want of jurisdiction.

Dismissed.

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52 cases
  • Carmen, Application of
    • United States
    • California Supreme Court
    • August 2, 1957
    ...occurring during the course of trial; and the 'writ of habeas corpus cannot be used as a writ of error.' (Woolsey v. Best, 299 U.S. 1, 2, 57 S.Ct. 2, 81 L.Ed. 3.) These principles, however, must be construed and applied so as to preserve not destroy constitutional safeguards of human life a......
  • Jackson v. Olson
    • United States
    • Nebraska Supreme Court
    • March 8, 1946
    ... ... See Felts v. Murphy, 201 U.S ... 123, 26 S.Ct. 366, 50 L.Ed. 689; Woolsey v. Best, 299 U.S. 1, ... 57 S.Ct. 2, 81 L.Ed. 3; Frank v. Mangum, 237 U.S. 309, 35 ... S.Ct. 582, ... ...
  • Yakus v. United States Rottenberg v. Same
    • United States
    • U.S. Supreme Court
    • March 27, 1944
    ...it could hardly be maintained that it is beyond legislative power to make the rule inflexible in all cases. Compare Woolsey v. Best, 299 U.S. 1, 57 S.Ct. 2, 81 L.Ed. 3, with Ex parte Siebold, 100 U.S. 371, 25 L.Ed. 717. For more than fifty years it has been a penal offense for shippers and ......
  • Burns v. Lovett
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • July 31, 1952
    ...238, 69 S. Ct. 1073, 93 L.Ed. 1333; Woods v. Nierstheimer, 1946, 328 U.S. 211, 216, 66 S. Ct. 996, 90 L.Ed. 1177; Woolsey v. Best, 1936, 299 U.S. 1, 2, 57 S.Ct. 2, 81 L.Ed. 3; Hedgebeth v. North Carolina, 1948, 334 U.S. 806, 807, 68 S.Ct. 1185, 92 L.Ed. 46 E. g., trial by jury, see Whelchel......
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1 books & journal articles
  • Punishing Corporations: the Food-chain Schizophrenia in Punitive Damages and Criminal Law
    • United States
    • University of Nebraska - Lincoln Nebraska Law Review No. 87, 2021
    • Invalid date
    ...the criminal law . . . . Its place in tort law, though, is rarely challenged."). Laufer cites Pacific Mutual Life Insurance Co. v. Haslip, 299 U.S. 1, 14 (1991), which merely approved the Liberal Rule for corporate punitive damages as constitutional. Laufer does not note the existence of th......

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