NIX v. JAMES

No. 4601.

7 F.2d 590 (1925)

NIX v. JAMES, District Judge.

Circuit Court of Appeals, Ninth Circuit.

August 3, 1925.


Attorney(s) appearing for the Case

Raymond Benjamin, of San Francisco, Cal., for petitioner.

Louis V. Crowley, of San Francisco, Cal., amicus curiæ.

Samuel W. McNabb, U. S. Atty. and John R. Layng, Asst. U. S. Atty., both of Los Angeles, Cal., for respondent.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.


McCAMANT, Circuit Judge (after stating the facts as above).

No procedural questions have been presented in this case for our consideration, and we will assume that the record properly raises the question argued and submitted. This question is whether the Probation Act of March 4, 1925, is applicable to a defendant who was sentenced to imprisonment at a term of court which expired before the act in question was passed, and when the defendant has not yet been imprisoned...

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