People Ex Rel. Rogers v. Elrod

Mr. PRESIDING JUSTICE BARRETT

delivered the opinion of the court;

Petitioner, Earl Rogers, takes this appeal from the dismissal of his petition for release under the Habeas Corpus Act (Ill. Rev. Stat. 1973, ch. 65, §22(4)). His petition alleged that the process under which petitioner is detained has- been issued under circumstances where the law does not allow process or orders for imprisonment to issue. In his petition petitioner states that notice of the filing of the mandate affirming his conviction was sent to him almost three years after the mandate had issued, so that any incarceration…