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FLEMING v. TATE

No. 9217.

156 F.2d 848 (1946)

FLEMING, Acting General Superintendent of D. C. Penal Institutions, v. TATE.

United States Court of Appeals District of Columbia.

Decided June 28, 1946.

Attorney(s) appearing for the Case

Mr. Sidney S. Sachs, Assistant United States Attorney, of Washington, D.C., with whom Mr. Edward M. Curran, United States Attorney, and Mr. A. E. Gottschall, Attorney, Department of Justice, both of Washington, D. C., were on the brief, for appellant. Mr. Ray L. Jenkins, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellant.

Mr. John P. Mullen, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and WILBUR K. MILLER and PRETTYMAN, Associate Justices.

PRETTYMAN, Associate Justice.

Appellee Tate was convicted in 1927 on charges of housebreaking and larceny. He was sentenced to 40 years' imprisonment. He served 16 years and was paroled in 1943. One of the conditions of the parole was that he not leave the District of Columbia without written approval of the local Board of Indeterminate Sentence and Parole. Two years later the Board was informed that he had left the District; a warrant was issued for his arrest; he...

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