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CRAIG V. HECHT, 263 U. S. 255 (1923)

U.S. Supreme Court

Craig v. Hecht, 263 U.S. 255 (1923)

Craig v. Hecht

No. 82

Argued October 17, 1923

Decided November 19, 1923

263 U.S. 255


1. A circuit judge, as such, has no power to grant the writ of habeas corpus. P. 263 U. S. 271.

2. A final order discharging a petitioner in habeas corpus, made at chambers by a circuit judge exercising by designation the power of the district court, or by a district judge, is reviewable on appeal by the circuit court of appeals. P. 274.

3. In an ordinary contempt proceeding, the district court has jurisdiction to decide whether the evidence established an offense within the statute and whether the respondent was guilty as charged, and its order sentencing him to imprisonment is reviewable by appeal, and not by habeas corpus, which cannot be used as a substitute for appeal in the absence of exceptional circumstances. P. 263 U. S. 277.

282 F. 138 affirmed.

Certiorari to a judgment of the circuit court of appeals reversing an order in habeas corpus which discharged the petitioner, Craig, from custody under a commitment issued by the district court in a contempt proceeding. The order of discharge was made by a circuit judge, assigned to the district court, who directed that it be recorded in that court.

Page 263 U. S. 268

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