People Ex Rel. Emerson v. Pratt

The relator appeals from an order of the circuit court of Winnebago County dismissing his petition for a writ of habeas corpus.

Two issues are raised in this appeal: (1) whether the State presented sufficient competent evidence to establish a prima facie case that relator is a fugitive from justice and (2) whether the incarceration of the defendant for 31 days while no charges were pending against him was so violative of due process as to deprive the circuit court of jurisdiction at the time of its denial of the habeas corpus petition.

The relator, a former resident of Michigan, was arrested on…