Seals

Seals v. Johnston

Good Law
95 F.2d 501·1938 U.S. App. LEXIS 4152
United States Court of Appeals for the Ninth CircuitMarch 12, 1938No. 8718California486 words

Opinion

Lead Opinion

Stephens, J.

This is an appeal from an order of the District Court denying to petitioner the issuance of the writ of habéas corpus.

The petitioner appears in propria persona and, owing to his lack of legal knowledge has drawn his petition in a manner that makes it extremely difficult to understand. We are able to learn from it, however, that he is confined in the Federal Prison at Alcatraz Island, California, by warrant of commitment issued out of the United States District Court for the Northern Division of the Eastern District of Tennessee. He claims that the committing court acted without jurisdiction as it acted out of term time, and that he is being subjected to double jeopardy or double punishment in that he was sentenced upon substantive and conspiracy charges arising out of practically the same set of facts. He also claims that the committing court was without jurisdiction to sentence him in that he had been imprisoned for a state offense after having been granted probation by the federal court.

There is no claim that the commitment to Alcatraz Prison is void upon its face, but he relies upon the contents of Exhibits A and B assertedly attached to and made a part of the petition for…

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