In Re Carter

We allowed habeas corpus and the ancillary writ of certiorari to inquire into the legality of plaintiff’s commitment to the custody of the department of mental health as a criminal sexual psychopathic person under PA 1939, No 165 (CL 1948, § 780.501 et seq. [Stat Ann 1951 Cum Supp § 28.967 [1] et seq.]) and his detention as such by the warden of the State prison of southern Michigan upon transfer thereto from the department.

Plaintiff was arraigned in the recorder’s court for the city of Detroit on a charge of assault with intent to commit rape and pleaded not guilty. Before sentence the…