Kyle
Kyle v. United States
Opinion
Opinion
Healy, J.
Appellant Kyle is a life-timer in Alcatraz Prison. In March 1937 he was indicted with one Hctzer in the United States Court for the District of Oregon on three counts of felony charging conspiracy, the larceny by force and violence of money belonging to a national bank, and the larceny of such money by putting in jeopardy the lives of persons through the use of dangerous weapons. His codefendant Hetzer was apprehended, pleaded guilty, and was sentenced to a fine and 20 years in prison. Kyle himself apparently fled the jurisdiction and has never been in the custody of the United States marshal for the Oregon district since the finding of the indictment. It appears without controversy that he was subsequently convicted of bank robbery in the Southern District of California and sentenced to a term of 25 years at Alcatraz, and was thereafter sentenced to a consecutive term of five years on conviction for escape. Later, in the course of an attempt to escape, he killed a United States marshal and upon conviction of the murder was sentenced to a term of imprisonment for his natural life, concurrent with the previous sentences. Still later he attempted another escape, and has professed…