HENRATTY v. ZERBST

No. 366-H. C.

9 F.Supp. 230 (1934)

HENRATTY v. ZERBST, Warden.

District Court, D. Kansas.

December 22, 1934.


Attorney(s) appearing for the Case

Wm. L. Vandeventer, of Springfield, Mo. (Calvin, Vandeventer & Kimbrell, of Kansas City, Mo., on the brief), for petitioner.

D. C. Hill, Asst. U. S. Atty., of Wamego, Kan. (S. S. Alexander, U. S. Atty., of Topeka, Kan., on the brief), for respondent.


McDERMOTT, Circuit Judge (Assigned).

The respondent has filed a motion to dismiss an amended petition for a writ of habeas corpus, on the ground that the amended petition does not state facts sufficient to entitle the petitioner to the writ. The facts alleged may be summarized as follows:

The petitioner was sentenced on December 20, 1924, to serve five years' imprisonment on each of two convictions, the sentences to run consecutively. Petitioner began serving...

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