Pyle

Pyle v. Johnston

Good Law
137 F.2d 869·1943 U.S. App. LEXIS 4122
United States Court of Appeals for the Ninth CircuitAugust 27, 1943No. 10405California969 words

Opinion

Lead Opinion

Stephens, J.

Raymond Pyle is confined by James A. Johnston, Warden, in the United States Penitentiary at Alcatraz, California, by authority of commitments which were duly issued following judgments after Pyle had pleaded guilty to charges contained in two United States grand jury indictments. Each of these indictments charged Pyle with the crimes of robbing a bank and assault by the use of dangerous weapons in the act of robbing a bank thereby putting the life of a bank official in jeopardy.

Pyle petitioned the United States District Court for the writ of habeas corpus claiming that he is illegally imprisoned because the indictments to which he has pleaded guilty state no offense under the laws of the United States. The writ was denied and the petition was dismissed. Pyle appeals.

The indictments were framed under 12 U.S.C.A. § 588b, of which subdivision (a) relates to bank robbery and subdivision (b) to assault and the putting of life in jeopardy by dangerous weapons in committing a bank robbery. The term “bank” as used in § 588b is defined in § 588a of 12 U.S.C.A. to include “any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or…

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