In re Morse
| Decision Date | 17 September 1902 |
| Parties | In re MORSE. |
| Court | United States Circuit Court, District of Missouri |
A writ of habeas corpus was issued by me on August 25, 1902, upon a petition filed by Ben H. Morse, a convince in the Missouri State Penitentiary, wherein he alleged, in substance, that he was wrongfully restrained of his liberty by F. M. Wooldridge the warden of said penitentiary, because the term of imprisonment which was fixed in the sentence by which he was committed to that institution had expired on August 3, 1902. On the day appointed for the return of the writ, to wit September 13, 1092, the warden filed a return, and the petitioner has demurred to it, admitting all the facts stated therein, but contesting their legal sufficiency to justify his further detention. The facts so admitted are the following: On May 3, 1900, Morse was tried in the United States district court for the Western division of the Western judicial district of Missouri upon an indictment charging him with having unlawfully devised a scheme and artifice to defraud by means of the use of the post-office establishment of the United States. He was convicted of the offense by the verdict of a jury, and was thereupon, on May 4, 1900 sentenced to pay a fine of $1 and 'be imprisoned for the period of eighteen months from this date in the Missouri State Penitentiary. ' It was stated, however, in the latter sentence, that said imprisonment should 'begin at the expiration of the sentence in case No. 2,200. ' Case No. 2,200, thus referred to, was the first of two cases mentioned above; the last case to which reference is made being case No. 2,199. Immediately after his conviction, the district court fixed the amount of his bond for an appeal at the sum of $1,000 in each case. Subsequently the petitioner gave such a bond in each case, and was released to await the result of a writ of error to be prosecuted to the United States circuit court of appeals for the Eighth circuit. Such a writ was issued on September 13, 1900, and was pending in the United States circuit court of appeals for the Eighth circuit until on or about April 24, 1901, at which time the petitioner voluntarily dismissed the writ of error brought for the purpose of obtaining a review of the proceedings below, whereupon a mandate was issued by the United States circuit court of appeals reciting the fact that the writ had been dismissed, and ordering that the petitioner 'surrender himself to the custody of the United States marshal for the Western district of Missouri within five days after the filing of said mandate, in execution of the sentence heretofore imposed by the trial court. ' On the filing of this mandate in the district court for the Western division of the Western district of Missouri, the clerk thereof was ordered to make out and deliver to the marshal commitments in both cases, being cases Nos. 2,200 and 2,199, aforesaid. In pursuance of such commitments the body of the petitioner was delivered to the warden of the penitentiary on April 29, 1901, since which time he has been undergoing imprisonment in execution of the aforesaid sentences.
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Murphy v. Barron
...sec. 2891. The civil rights of the convict are not suspended until actually imprisoned in the penitentiary. R. S. 1909, sec. 297; In re Morse, 117 F. 763; Harmon Bower, 17 L. R. A. (N. S.) 502. The actual imprisonment of Murphy did not begin until some time in February, 1903. He was summone......
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Weber v. Mosley
...he had taken, but never perfected, his appeal. He will not be allowed to assume contradictory positions to his own advantage. In re Morse, C.C., 117 F. 763, loc.cit. 765. That is to say, he will not be permitted to secure his freedom in March, 1950 on the ground that the enforcement of the ......
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Hyde v. Nelson
... ... 1894, R. S. 1909. City of Warrensburg v. Simpson, 22 ... Mo.App. 699; Furlong v. Association, 189 S.W. 385; 5 ... Cyc. 10; 21 Cyc. 1742; 17 C. J. 441; Sec. 4391, R. S. 1909; ... Bird v. Jones, 7 Q. B. 742; Black's Law ... Dictionary; Ex parte Jones, 41 Cal. 209; In re ... Morse, 117 F. 763; People ex rel v. Grant, 111 ... N.Y. 587; Miller v. Strabbing, 92 Mich. 302; ... Klasner v. Klasner, 170 P. 745; 2 Kent. Com. 26; ... Rich v. Bailey, 123 Ky. 897, 97 S.W. 747; Wales ... v. Whitney, 114 U.S. 570; Sibray v. United ... States, 189 F. 404, 107 C. C. A. 483; In re ... ...
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Cisson v. United States, 2898.
...Snook (D. C.) 15 F.(2d) 68, 70. The provision that the sentence should take effect immediately was at the most merely directory. In re Morse (C. C.) 117 F. 763; 16 C. J. 1372. The judge says that its purpose is that the prisoner may have the benefit of the time which elapses while he is bei......