United States Ex Rel. Bongiorno v. Ragen

MINTON, Circuit Judge.

The petitioner-appellant, John Bongiorno, was convicted of murder. On appeal to the Supreme Court of Illinois, the conviction was affirmed. People v. John Bongiorno, 358 Ill. 171, 192 N.E. 856. Under the mit-timus issu'ed out of the Criminal Court of Cook County, Illinois, where he had been convicted, Bongiorno was placed in the custody of the respondent-appellee, the warden of the Illinois penitentiary.

Seeking relief from this judgment, the petitioner filed in the District Court for the Northern District of Illinois, Eastern Division, a petition for habeas corpus. Mr.…