People Ex Rel. Wakefield v. Montgomery

The People, on the relation of Lester Wakefield, filed an original petition in this court for a wr(it of habeas corpus directed to Joe E. Montgomery, warden of the Illinois State Penitentiary at Menard, asking for the discharge of relator, who is imprisoned there under a mittimus from the circuit court of Jasper county. The issue presented was raised by respondent’s motion to dismiss the petition.

Relator was convicted of statutory rape, but the jury by its verdict failed to fix the term of his imprisonment, as required by the Criminal Code. (38 S. H. A. 801; State Bar Stat. 1935, chap. 38,…