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| j 4 ; SUPREME COURT OF THE UNITED STATES. No, 256.—OcToner Term, 1936. \ a —_____ H. E. Woolsey, Appellant, | Appeal from the Supreme i VS, | a Roy Best, Warden, ete. Court of Colorado, } ! Per CurtaM. ' Appellant brought this proceeding in the Supreme Court of ~ Colorado to obtain a writ of kabeas corpus. His petition was . denied without opinion. It appears that appellant was held por- ; suant to conviction for violation of Section 2676 C, L. 1921, being section 40, chapter 44, Session Laws 1913, of the laws of Colorado (see also section 2740 €. L. 1921, being section 85, chapter 44 of - affirmed by the Supreme Court of the State. Woolsey v. The tt People, 98 Colo. 62, It is well 4stablished that neff of habeas corpus cannot be used as aWrit 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; Martin v. District Court, 37 Colo; 110, 115; Chemgas mA v. Tynan, 51 Colo. 35; In re Arakawa, 78 Colo. 193, 196; In re Nottingham, 84 Colo. 123, 128. Compare Herlan v. Mcourin, 218 U. 8. 442; Ruddle v. Dyche, 262 U. 8. 333; Craig v. Hecht, 263 U.S. 250, 277; Knewel v. Egan, 268 U.S. 442, 445, 446; Cor vy. Colorado, 282 U. §. 807. Tt is apparent from the record sub- mitted that the state court had jurisdiction to try the appellant for violation of the statute in question and that any federal ques- tion 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 ap-, pear that its denial of the petition did not rest upon an adequate non-federal ground. Lynch v. New York, 293 U. 8. 52, and cases . there cited. The appeal is dismissed for the want of jurisdiction. . f ona COPIES DESTROYED Dismissed. 4 be ED 179 OCT 16 3964 ° INDExED’ / Ay