Opinion
No. 70-594
Decided May 19, 1971.
Habeas corpus — Tests jurisdiction of sentencing court — Does not lie, when.
APPEAL from the Court of Appeals for Lake County.
On May 21, 1970, appellant, a minor nonresident of Lake County, was adjudicated a delinquent by the Juvenile Court of Lake County and was ordered committed to the county detention home for 30 days. The order of commitment was suspended and appellant was placed on probation, the terms of which were that he was not to return to Lake County unless accompanied by his parents.
On July 9, 1970, appellant was found to have violated the conditions of his probation, and the order suspending his commitment to the detention home was vacated by the Juvenile Court and he was ordered confined for a period of 30 days.
An action in habeas corpus was filed in the Court of Appeals seeking the appellant's release from the detention home. The Court of Appeals sustained a motion to dismiss the petition and dismissed the action. An appeal as of right brings the cause to this court for review.
Mr. Fred V. Skok, prosecuting attorney, and Mr. Joseph R. Ulrich, for appellee.
Mr. Nelson G. Karl, for appellant.
Habeas corpus tests only the jurisdiction of the sentencing court. In this case, the Juvenile Court had jurisdiction of the subject matter and the person of appellant. Accordingly, its original order of commitment, as well as its subsequent order of July 9, 1970, committing appellant to the detention home for 30 days, were valid and lawful orders by a court of competent jurisdiction. The judgment of the Court of Appeals is, therefore, affirmed.
Judgment affirmed.
O'NEILL, C.J., SCHNEIDER, HERBERT, DUNCAN, CORRIGAN, STERN and LEACH, JJ., concur.