In Re Kelmar

John Kelmar filed a petition for a writ of habeas corpus and an ancillary writ of certiorari to test the legality of his confinement in the State prison of southern Michigan under authority of an order of the circuit court for the county of Macomb committing him to the custody of the State hospital commission as a criminal sexual psychopathic person, under Act No. 165, Pub. Acts 1939 (Comp. Laws Supp. 1940, § 6991-1 et seq., Stat. Ann. 1946 Cum. Supp. § 28.967[1] et seq.).

While the petitioner was awaiting trial on a charge of incest, the prosecuting attorney of Ma-comb county filed in the…