People ex rel. Swolley v. Ragen
| Decision Date | 22 March 1945 |
| Docket Number | No. 28702.,28702. |
| Parties | PEOPLE ex rel. SWOLLEY v. RAGEN, Warden. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Motion by the People, on the relation of Gale E. Swolley, opposed by Joseph E. Ragen, Warden, for leave to file an original petition for writ of habeas corpus.
Motion denied.
Gale E. Swolley presented a motion to this court asking leave to file an original petition for writ of habeas corpus. Petitioner was convicted in the criminal court of Cook county in January, 1934, of the crime of kindnaping for ransom and sentenced to imprisonment in the penitentiary for life. Petitioner alleges that he was taken into custody by police officers from Chicago while he was at his place of business in Peoria; that they took him by force to Cook county and illegally held him without the issuance of process for a period of ten days. He states that after said ten-day period he filed a petition for writ of habeas corpus, and that to avoid action on such petition the State's Attorney presented the matter to the grand jury, and upon consideration thereof an indictment was returned charging him with the crime stated.
The points relied upon for the issuance of the writ are that he was confined in the penitentiary without authority in law, that he was denied due process of law and equal protection of the laws, and that in imposing the sentence of imprisonment the judge who presided at the trial of his conviction assumed legislative functions.
It is well settled that the writ of habeas corpus cannot be permitted to take the place of a writ of error for the purpose of reviewing errors of a court having jurisdiction of the person and subject matter. If a court has jurisdiction in a criminal case of the person and of the subject matter, the question whether errors or irregularities have occurred in the exercise of the jurisdiction can only be determined upon a writ of error. Petitioner has failed to set forth facts in his petition showing a lack of jurisdiction of either the subject matter or of his person. He complains of the errors in instructions. Before an original petition for writ of habeas corpus may be filed in this court, the petition must show that there was a lack of jurisdiction of the court to try the cause. Furthermore, the petition in this case will have to be denied for no part of the record of conviction is attached to the petition as an exhibit or presented in connection with the application. In the absence of...
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...ground, our attention is directed to the decision of that court, rendered on March 22, 1945, in the case of People ex rel. Swolley v. Ragen, 390 Ill. 106, 61 N.E.2d 248. There, as here, the Supreme Court of Illinois denied leave to file a petition for a writ of habeas corpus, without requir......
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...the prisoner to his release. People ex rel. Courtney v. Fardy, 378 Ill. 501, 39 N.E.2d 7. In the recent case of People ex rel. Swolley v. Ragen, 390 Ill. 106, 61 N.E.2d 248, we said, ‘It is well settled that the writ of habeas corpus cannot be permitted to take the place of a writ of error ......
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...by, the state court." The Court then referred to the announcement made by the Illinois Supreme Court in People ex rel. Swolley v. Ragen, 1945, 390 Ill. 106, 61 N.E.2d 248, in which that Court stated that habeas corpus could not be used in place of the writ of error to review errors of a cou......
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People ex rel. Ross v. Regen
...that any good purpose would be served by his presence. 29 C.J. p. 161, s 183; 39 C.J.S., Habeas Corpus, s 93; People ex rel. Swolley v. Ragen, 390 Ill. 106, 61 N.E.2d 248. Motions ...