United States of America Ex Rel. Donald H. Lilyroth v. Joseph E. Ragen, Warden, Illinois State Penitentiary, Joliet, Illinois

SCHNACKENBERG, Circuit Judge.

On October 21, 1954 petitioner filed in the district court a petition for writ of habeas corpus under Title 28 U.S.C.A. § 2241 wherein he challenged the constitutionality of proceedings in the circuit court of Lee county, Illinois on January 4, 1943, which resulted in his conviction of the crime of burglary. This is an ap peal from an order of the district court dismissing the petition on respondent’s motion.

Petitioner’s conviction followed a plea of guilty. He was sentenced to imprisonment for one year to life and, pursuant to that sentence, he was incarcerated…