148 F.2d 278 (6th Cir. 1945), 9933, Coffin v. Reichard

Docket Nº:9933.
Citation:148 F.2d 278
Case Date:April 10, 1945
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

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148 F.2d 278 (6th Cir. 1945)




No. 9933.

United States Court of Appeals, Sixth Circuit.

April 10, 1945

Lyman Glover Coffin, of Lexington, Ky., in pro. per.

Claude P. Stephens, of Lexington, Ky. (Ben L. Kessinger, of Lexington, Ky., on the brief), for appellee.

Before ALLEN, HAMILTON and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from an order of the District Court denying a writ of habeas corpus. The case has previously been before this court in a proceeding in which we directed that the appellant's petition for writ of habeas corpus, although very informally framed, be filed; that counsel be appointed to represent appellant, and that a show cause order be issued directed to the appellee, the medical officer in charge of United States Public Health Service Hospital at Lexington, Kentucky. Coffin v. Reichard, 6 Cir., 143 F.2d 443. A practicing attorney of the Lexington bar was appointed to represent appellant, and the matter was heard by the District Court upon oral testimony, including that of appellant, and certified court records and affidavits. Several witnesses testified on behalf of both appellant and appellee. The matter was given a full hearing, the appellant being granted additional time for securing affidavits. Upon submission, the court found that the application for writ of habeas corpus was without merit, and dismissed the petition.

Appellant was indicted February 27, 1942, in the United States District Court for the Western District of Missouri, Western Division, charged with violation of § 3793 of Title 26, U.S.C., 26 U.S.C.A.Int.Rev.Code, § 3793, by forging the name of Dr. George L. Ivey to a prescription for

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morphine sulphate. 1 He was represented by counsel, and on March 11, 1942, pleaded guilty to the indictment and was sentenced to serve five years in the penitentiary. The sentence was suspended and the appellant placed on probation on condition that he enter a United States Public Health Service Hospital and remain until he was cured of the narcotic habit. May 10, 1943, the probation was revoked and the suspension of sentence set aside, and appellant was ordered to serve the original sentence in an institution designated by the Attorney General of the United States.

Appellant's principal contentions are that at the time he pleaded guilty he was physically ill and...

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