United States ex rel. Smith v. WARDEN OF PHILADELPHIA CTY. PRISON, 10141.

Decision Date26 April 1950
Docket NumberNo. 10141.,10141.
Citation181 F.2d 847
CourtU.S. Court of Appeals — Third Circuit

Thomas D. McBride, Philadelphia, Pa., for appellant.

T. McKeen Chidsey, Attorney General of Pennsylvania (Colbert C. McClain, Assistant District Attorney, James W. Tracey, Jr., First Asst. District Attorney, Philadelphia, Pa., Randolph C. Ryder, Deputy Attorney General, on the brief), for appellees.

Before MARIS, McLAUGHLIN and KALODNER, Circuit Judges.


The relator appeals from the judgment of the District Court for the Eastern District of Pennsylvania discharging a writ of habeas corpus upon the ground that the court had no jurisdiction to issue it. It appears that on the evening of September 23, 1949 counsel for the relator made a telephonic request for the issuance of the writ to one of the judges of the district court at his home. The judge held a hearing at noon on the next day and at 12:45 P.M. issued the writ. At that time the relator was not within the Eastern District of Pennsylvania, having been taken from the Philadelphia County Prison to the Western State Penitentiary at Rockview in the Middle District of Pennsylvania.

The respondent moved to discharge the writ and the motion was heard by the district court in banc. That court, the judge who originally issued the writ dissenting, held that it had no jurisdiction of the proceeding and discharged the writ. We are satisfied that the district court was without jurisdiction of the habeas corpus proceeding for the reasons stated in the opinion of the court in banc filed by Chief Judge Kirkpatrick, 87 F.Supp. 339, with which we are in complete accord.

Accordingly the judgment of the district court will be affirmed.

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8 cases
  • United States v. Baldi
    • United States
    • U.S. Court of Appeals — Third Circuit
    • October 26, 1951
    ...Corpus — United States ex rel. Smith v. Warden, D.C.E.D.Pa.1949, 87 F. Supp. 339 (dismissed for lack of jurisdiction), affirmed 3 Cir., 1950, 181 F.2d 847; Commonwealth ex rel. Smith v. Ashe, 1950, 364 Pa. 93, 71 A.2d 107, certiorari denied 1950, 340 U.S. 812, 71 S. Ct. 40, 95 L.Ed. 597; Un......
  • United States Smith v. Baldi 13 8212 14, 1952
    • United States
    • U.S. Supreme Court
    • February 9, 1953
    ...v. Warden of Philadelphia County Prison, 87 F.Supp. 339. On appeal the denial was affirmed by the Court of Appeals for the Third Circuit. 181 F.2d 847. No petition for certiorari to review that decision was filed with this Court. A petition for habeas corpus was then filed in the State Supr......
  • United States v. Baldi, M-1408.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • February 20, 1951
    ...over the person of the relator. United States ex rel. Smith v. Warden of Philadelphia County Prison, D.C., 87 F.Supp. 339, affirmed, 3 Cir., 181 F.2d 847. Judge Welsh dissented 87 F.Supp. 344. In a concurring opinion, 87 F.Supp. 341, the writer of this opinion pointed out that we also lacke......
  • United States ex rel. Van Scoten v. Commonwealth of Pa.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • December 19, 1968
    ...detained is not within the territorial jurisdiction of the court when the petition is filed. In United States ex rel. Smith v. Warden of Philadelphia County Prison, 181 F.2d 847 (3 Cir. 1950) we affirmed the District Court's application of Ahrens at 87 F.Supp. 339 (E.D.Pa. The Ahrens doctri......
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