In Re Rhyndress

In this habeas corpus proceedings, ae-* companied by ancillary certiorari, petitioner, Kenneth Rhyndress, hereinafter referred to as defendant, seeks to be released from his commitment to the State prison of southern Michigan under a sentence of 7% to 15 years imposed on the 5th day of June, 1939. Defendant was prosecuted and sentenced in the circuit court of Genesee county. He was arrested on a complaint and warrant charging him with breaking and entering a dwelling house in the nighttime with the intent to commit larceny; and after hearing before the magistrate was bound over for trial in…