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ADERHOLD v. McCARTHY

No. 6866.

65 F.2d 452 (1933)

ADERHOLD, Warden, v. McCARTHY.

Circuit Court of Appeals, Fifth Circuit.

May 29, 1933.

Attorney(s) appearing for the Case

Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., for appellant.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

SIBLEY, Circuit Judge.

In his response to a writ of habeas corpus, the Warden of the United States Penitentiary at Atlanta justifies his holding of George McCarthy by a commitment from the District Court of Vermont containing a certified copy of a sentence for smuggling liquor imposed May 16, 1929, under which McCarthy was to be imprisoned in that penitentiary for a year and a day. McCarthy claims that the sentence has been served. Before reaching the penitentiary...

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