Hugo Black

“ The Supreme Court of Illinois has repeatedly held that a court of the state has jurisdiction of a habeas corpus proceeding only where the original judgment of conviction was void or where something has happened since its rendition to entitle the petitioner to his release. ”

“ A court's jurisdiction of the subject-matter is not determined by the plea which a person charged with a crime may interpose. Before he appeared at the bar of the tribunal, it either was or was not vested with jurisdiction of the subject matter of his cause. If the court possessed such jurisdiction, it was conferred by or pursuant to some provision of the Constitution, and not by the act or consent of the defendant.'↑ A judgment in a coram nobis proceeding is final and appealable in Illinois. See People ex rel. ”

“ The petitioner counters by calling attention to the fact that the statutory remedy is not available unless brought within five years after the rendition of a judgment; that the judgment and sentence against petitioner was rendered more than five years ago; that consequently, if petitioner has no remedy for habeas corpus, he has no remedy at all; that we should not assume that Illinois grants no relief to one whose imprisonment violates rights protected by the United States Constitution, cf. ”