People Ex Rel. McLain v. Housewright

In the Circuit Cotut of Coles County, Petitioner, Terry Lee McLain, pleaded guilty to an indictment charging burglary and was sentenced to the penitentiary for a term of not less than two nor more than ten years. This appeal is from an order of the Circuit Court of Johnson County denying a petition for a writ of habeas corpus challenging the jurisdiction of the trial court on the grounds that the indictment did not charge a public offense.

The statute (Ill. Rev. Stat. 1969, ch. 38, sec. 19 — 1(a)) provides:

“A person commits burglary when without authority he knowingly enters or without…