Biddle v. Shirley
| Decision Date | 01 December 1926 |
| Docket Number | No. 7214.,7214. |
| Citation | 16 F.2d 566 |
| Parties | BIDDLE, Warden, v. SHIRLEY. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al. F. Williams, U. S. Atty., of Topeka, Kan., on the brief), for appellant.
Before VAN VALKENBURGH and BOOTH, Circuit Judges, and PHILLIPS, District Judge.
This is an appeal by W. I. Biddle, as warden of the United States penitentiary at Leavenworth, from an order discharging Danny Shirley from custody upon his petition for a writ of habeas corpus.
Shirley was charged by indictment in the District Court of the United States for the Southern District of California, Southern Division, in five counts, with violations of the National Motor Vehicle Theft Act (41 Stat. 324 Comp. St. §§ 10418b-10418f). He pleaded guilty to the first and third counts of the indictment, and the government dismissed the second, fourth, and fifth counts. The judgment of the court read as follows:
The commitment, in part, read as follows:
After having served part of his sentence at McNeil Island, Shirley was transferred to the United States penitentiary at Leavenworth.
After having served the full term of the sentence imposed upon him under the first count, Shirley filed his petition for a writ of habeas corpus. He alleged therein the indictment, his pleas of guilty to the first and third counts, and the judgment of the court above set out. He further alleged that he had served his full time under the judgment and sentence upon the first count, and that the sentence upon the second count was null and void. Biddle filed a motion to dismiss the petition. The court overruled the motion, and ordered that Shirley be discharged.
Counsel for the government contend that the language of...
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National Discount Corp. v. O'MELL
...of the prisoner is lawful. Watkins v. Merry, 10 Cir., 106 F.2d 360, 361; Walden v. Hudspeth, 10 Cir., 115 F.2d 558, 559; Biddle v. Shirley, 8 Cir., 16 F.2d 566. See Howard v. United States, 6 Cir., 75 F. 986, 989. In Wilson v. Bell, 6 Cir., 137 F.2d 716, 721, this Court held that where a se......
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Buie v. King, 304.
...by the United States Circuit Court of Appeals for the Fifth Circuit. A somewhat similar situation is found in Biddle, Warden, v. Shirley, 8 Cir., 16 F.2d 566. There conviction of the crime of transportation of stolen motor vehicles had resulted on counts 1 and 3, and counts 2, 4, and 5 were......
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Francis v. Fiacco
...account of the judgment and sentence" "not by virtue of the warrant of commitment" or any other document. Id. (quoting Biddle v. Shirley, 16 F.2d 566, 567 (8th Cir. 1926)) (internal quotation marks omitted). "If the judgment and sentence do not authorize ... detention, no 'mittimus' will av......
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Kennedy v. Reid
...950; Peck v. United States, 7 Cir., 1933, 65 F.2d 59, certiorari denied 1933, 290 U.S. 701, 54 S.Ct. 229, 78 L.Ed. 603; Biddle v. Shirley, 8 Cir., 1926, 16 F.2d 566; Watkins v. Merry, supra note 2. 16 Rowley v. Welch, 1940, 72 App.D.C. 351, 114 F.2d 499; Downey v. United States, supra note ......