United States of America Ex Rel. Emil Reck, Relator-Appellant v. Joseph E. Ragen, Warden

SCHNACKENBERG, Circuit Judge.

This is an appeal from action1 of the district court quashing a writ of habeas corpus which it had issued on the petition of Emil Reck, also referred to as “defendant”, and remanding him to the custody of Joseph E. Ragen, appellee, warden of an Illinois state penitentiary.

In 1936 defendant was convicted of murder in the Criminal Court of Cook County, Illinois, and sentenced to a term of 199 years in said penitentiary, where he was accordingly imprisoned.

On the night of January 2, 1936, Dr. Silber C. Peacock, a Chicago physician, received a telephone call at his…