Legal Opinion · Dissent

People Ex Rel. Ritholz v. Sain

Illinois Supreme Court

Decided January 23, 1962No. 36756Published

1DissentChief Justice Hershey

Although holding that the supporting papers cured any defect in the Governor’s warrant, the court concludes that the writ of habeas corpus was properly allowed because of a “contradiction” between the demand of the Governor of Michigan and the papers accompanying such demand. The court reads section 3 of our uniform act as precluding the Governor of Illinois from recognizing the demand under these circumstances. In my opinion, this result is not justified by the language of section 3, and to construe our statute as requiring this result raises serious constitutional problems which the opinion…

2Cases cited3 opinions

  1. People Ex Rel. Hackler v. LohmanIllinois Supreme Court · 1959
  2. People Ex rel.Westbrook v. O'NeillIllinois Supreme Court · 1941
  3. People Ex Rel. Holmes v. BabbIllinois Supreme Court · 1953

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