
    
      Ex parte Manuel Pereira.
    
    An appeal from the decision of a Circuit Judge refusing a writ of habeas corpus, will not be heard, if, before the application for the hearing of the appeal, the petitioner has been enlarged, and has gone beyond the jurisdiction of the Court.
    
      Before Withers, J., at Charleston, April 5, 1852.
    The petitioner, a person of color, had been committed by the sheriff to the jail of Charleston district, in pursuance of the Act of 1835, (7 Stat. 470.). He applied to his Honor, Judge Withers, for a writ of habeas corpus under the statute of Charles the second. His application was refused and he gave notice of appeal.
    The petitioner, after his notice of appeal was given, had been set at large and had left the State : and the Court of Appeals was now moved, by the Attorney General, to strike the case from its docket.
    Hayne, Attorney General, for the motion.
    
      Petigru, contra.
   Curia, per O’Neall, J.

In this case it appears that the petitioner, who applied for the writ of habeas corpus, and to whom it was denied by the Judge below, has since been enlarged, and is now out of the jurisdiction of the Court. It would seem to be apparent, from these facts, that he can have no appeal from a decision which can in no way be corrected. For the writ of habeas corpus, if now granted, cannot reach the prisoner, or do him any good. He is now at liberty. Hence we should do a vain act to hear this appeal. It is, therefore, on motion of the Attorney General, struck from the docket.

Wardlaw, Frost, Withers, WhitNer and Glover, JJ., concurred.

Motion granted.  