Johnston

Bell v. Johnston

Good Law
152 F.2d 59·1945 U.S. App. LEXIS 2234
United States Court of Appeals for the Ninth CircuitNovember 19, 1945No. 11072California692 words

Opinion

Lead Opinion

Mathews, J.

. In the District Court of the United States for the Northern District of Alabama, hereafter called the Alabama court, there were two indictments against appellant— Nos. 9577 and 9622. No. 9577 was for violating § 1(a) of the Act of July 8, 1932, c. 464, 47 Stat. 649 , 18 U.S.C.A. § 338a(a). No. 9622 was for violating the National Motor Vehicle Theft Act, 18 .U.S.C.A. § 408. Appellant was arraigned, pleaded not guilty, and was tried and found guilty on both indictments. Thereupon, on February 16, 1937, judgments were entered sentencing appellant to be imprisoned for twenty years on No. 9577 and for two years on No. 9622, the sentences to run concurrently. No appeal was taken from either of those judgments.

The United States penitentiary at Atlanta, Georgia, .was designated as the place where appellant’s sentences should be served. On July 9, 1937, appellant petitioned the District Court of the United States for the Northern District of Georgia for a writ of habeas corpus directed to Fred G. Zerbst, warden of the penitentiary at Atlanta. The proceeding thus commenced was No. 1237. In that proceeding, a writ of habeas corpus was issued, appellant was produced, a hearing was had,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.