People Ex Rel. Day v. Lewis

Mr. Justice; Wilson

delivered the opinion of the court:

James E. Day, by an original petition for a writ of habeas corpus filed in this court against O. H. Lewis, warden of the Pontiac division of the Illinois State Penitentiary, seeks to obtain his discharge from the penitentiary. The writ issued and the respondent made a return, followed by a motion to quash the writ and dismiss the petition. The relator filed an answer and traverse and, subsequently, without prejudice thereto, a motion to strike the return. The cause is submitted upon the record so made.

February 19, 1932, the relator, then…