People Ex Rel. Rose v. Randolph

This is an appeal from a judgment of the circuit court of Randolph County which quashed a writ of habeas corpus and remanded the relator, Leonard K. Rose, to the custody of the warden of the penitentiary at Menard. The issue presented is whether relator is lawfully confined under a sentence imposed by the circuit court of Franklin County, his theory being that the court had lost jurisdiction to sentence him.

On November 24, 1958, the relator, together with his brother, Edward O. Rose, and men named Irvin and Kaiser, were charged in the circuit court of Franklin County with having burglarized a…