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ZERBST v. McPIKE

No. 8634.

97 F.2d 253 (1938)

ZERBST, Warden, v. McPIKE.

Circuit Court of Appeals, Fifth Circuit.

June 16, 1938.

Attorney(s) appearing for the Case

Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger, H. T. Nichols, and J. Ellis Mundy, Asst. U. S. Attys., all of Atlanta, Ga., for appellant.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Will McPike by habeas corpus challenged the legality of his imprisonment in the federal penitentiary at Atlanta, on the ground that the sentence of three years imposed on him Nov. 7, 1933, in the District Court for the Western District of Louisiana had expired. He obtained a judgment of discharge and the warden of the penitentiary appeals.

The undisputed evidence is that McPike was arrested by...

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