United States ex rel. Lyons v. Ragen

SPARKS, Circuit Judge.

Appellant, a prisoner in the custody of the warden of the Illinois State Penitentiary under sentence of imprisonment for one year to life on conviction of burglary, appeals from an order of the District Court denying his petition for discharge on writ of habeas corpus.

The only question sought to be presented by the petition for the writ was whether the state of Illinois had authority, under the statute pertaining to parole outside the state, in force in 1938, the year of petitioner’s conviction and sentence (Ill.R.S. Chap. 38, § 808), to revoke his so-called “banishment…