In the Matter of Helen Marteles

OPINION OE THE COURT BY

LE BARON, J.

This is an application for a writ of habeas corpus to the supreme court for the discharge of the petitioner from further imprisonment in the city jail by the respondent. Tbe ground therefor is that such imprisonment constitutes an illegal restraint resulting from an unlawful and void increase of punishment pursuant to a circuit court’s sentence which aggravated a distinct magistrate’s sentenc • on appeal for mitigation and thereby exceeded the jurisdiction of the circuit court.

The facts are not in dispute. The petitioner was charged in the district court…