WHITE v. PEARLMAN

No. 194.

42 F.2d 788 (1930)

WHITE, Warden, v. PEARLMAN.

Circuit Court of Appeals, Tenth Circuit.

September 4, 1930.


Attorney(s) appearing for the Case

Donald Little, Asst. U. S. Atty., of Kansas City, Kan. (Sardius Mason Brewster, U. S. Atty., L. E. Wyman and Dan B. Cowie, Asst. U. S. Attys., all of Topeka, Kan., on the brief), for appellant.

Lee Bond, of Leavenworth, Kan., for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

The warden of the United States Penitentiary appeals from an order granting a writ of habeas corpus. It appears that on March 17, 1925, the United States District Court for the Northern District of California sentenced appellee to a term of five years' imprisonment. The Texas state penitentiary was designated for his confinement. On June 5, 1926, the warden advised the prisoner that his term would...

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