United States ex rel. Terry v. Nierstheimer

SPARKS, Circuit Judge.

This is another appeal from a judgment denying a petition for discharge of a prisoner on writ of habeas corpus. It again raises the question of the right of the Illinois authorities to hold in custody and require completion of the sentence of a prisoner who had violated the terms of a “banishment parole.”

In denying the petition for the writ, the third one filed before the same court by this relator, the court held that the prisoner had not exhausted his state remedies, hence it had no jurisdiction to grant the writ.

On petition for rehearing, the court reiterated the fact…