The party brought before any such officer on the return of any writ of habeas corpus, may deny any of the material facts set forth in the return, or allege any fact to show, either that his imprisonment or detention is unlawful, or that he is entitled to his discharge, which allegations or denials shall be on oath; and thereupon such officer shall proceed in a summary way to hear such allegations and proofs as are legally produced in support of such imprisonment or detention or against the same, and to dispose of such party as justice requires.

History: Laws 1884, ch. 1, § 24; C.L. 1884, § 2035; C.L. 1897, § 2805; Code 1915, § 2613; C.S. 1929, § 63-125; 1941 Comp., § 25-1125, 1953 Comp., § 22-11-25.

Petitioner may allege and show void character of conviction. — When a return to writ asserts that petitioner is held under a commitment issued pursuant to a judgment of a district court, the petitioner may deny the facts alleged in the return, and himself allege and show facts to establish the void character of his conviction and illegality of his detention. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.

In habeas corpus proceeding supreme court may receive evidence outside the record to establish the absence or loss of jurisdiction through denial of any of the rights guaranteed to a prisoner at the bar by either the United States or New Mexico constitutions. Orosco v. Cox, 1965-NMSC-098, 75 N.M. 431, 405 P.2d 668.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 142.

39A C.J.S. Habeas Corpus § 188.