Davis

Davis v. Johnston

Good Law
157 F.2d 64·1946 U.S. App. LEXIS 2674
United States Court of Appeals for the Ninth CircuitSeptember 4, 1946No. 11315California520 words

Opinion

Lead Opinion

Mathews, J.

In the District Court of the United States for the Eastern District of Illinois, hereafter called the Illinois court, John Boyce Davis, Cecil Arlin Barnes and George John Bundy, Jr., were indicted in seven counts. Counts 1, 2 and 3 charged violations of 18 U.S.C.A. § 320 . Counts 4 and 5 charged violations of 18 U.S.C.A. § 99 . Count 6 charged a violation of 18 U.S.C.A. § 82 . Count 7 charged a violation of 18 U.S.C.A. § 88 . Barnes and Bundy pleaded guilty. Davis pleaded not guilty and was tried and found guilty on all counts of the indictment. Thereupon, on March 27, 1941, the Illinois court entered a judgment sentencing Davis to be imprisoned for 25 years.

The United States penitentiary at Leavenworth, Kansas, was designated as the place where Davis’ sentence should be served. On July 7, 1941; he was transferred to the United States penitentiary at Alcatraz, California. On August 14, 1943, he filed in the District Court of the United States for the Northern District of California, hereafter called the California court, a petition for a writ of habeas corpus. The proceeding thus commenced was No. 23,890 on the docket of the California court. In that proceeding, a writ of habeas…

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