In Re Gardner

This is habeas corpus and accompanying certiorari to inquire into the detention of peti tioner, Robert Gardner, in the State penitentiary at Marquette, under sentence pronounced on October 7, 1930, of not less than 15 years nor more than 30 years. From the judgment petitioner took no appeal.

It is recognized that the judgment, not having been reviewed on error (3 Comp. Laws 1929, §§ 17357, 17358), petitioner may not present questions so reviewable. On habeas corpus we deal “only with radical defects rendering a proceeding or judgment absolutely void.” In re Palm, 255 Mich. 632. The writ of…