People Ex Rel. Milburn v. Nierstheimer

Charles Milburn, a prisoner held in the Menard Branch of the Illinois State Penitentiary under a parole-violation warrant, seeks a release on habeas corpus.

On June 13, 1938, upon a plea of guilty of the crime of robbery, he was sentenced by the circuit court of St. Clair County for a term of not less than one nor more than twenty years. On June 11, 1946, the Division of Correction entered a purported order of parole, effective July 30, 1946, with the proviso that the United States Marshal of Danville, Illinois, and the United States Attorney of St. Louis, Missouri, be notified before…