United States ex rel. Smith v. Pate

ROBSON, District Judge.

MEMORANDUM AND ORDER ON RESPONDENT’S MOTION TO DISMISS

The respondent, Frank J. Pate, has filed a return to the rule to show cause why the petitioner, William Smith, should not be granted a writ of habeas corpus. For the reasons set forth below, this court is of the opinion that the petition for a writ of habeas corpus should be dismissed.

The petitioner was convicted of illegal possession of narcotics by the Circuit Court of Cook County and sentenced to imprisonment for not less than twenty nor more than forty years. He subsequently appealed to the Supreme Court of…