In Re Stone

We issued a writ of habeas corpus and an ancillary writ of certiorari on the personal petition of the prisoner to inquire into the cause of his detention. In compliance with the statute (3 Comp. Laws 1929, §15210 [Stat. Ann. §27.2254]), petitioner alleged that he is not ‘ ‘ convicted, or in execution, upon legal process, civil or criminal” (3 Comp. Laws 1929, § 15207 [Stat. Ann. § 27.2251]), and that therefore he is entitled to prosecute the writ of habeas corpus. If we find that petitioner is confined under legal criminal process, the proceeding must be dismissed. In re Lupu, 285 Mich. 500;…