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BURNS v. WELCH

No. 9258.

159 F.2d 29 (1947)

BURNS v. WELCH.

United States Court of Appeals District of Columbia.

Decided January 13, 1947.

Attorney(s) appearing for the Case

Mr. Howard C. Westwood, of Washton, D. C. (appointed by this Court) for appellant.

Mr. Sidney S. Sachs, Assistant United States Attorney, of Washington, D. C., with whom Messrs. Edward M. Curran, United States Attorney at the time the brief was filed, George E. McNeil, United States Attorney at the time the supplemental brief was filed, and Joseph F. Lawless, Assistant United States Attorney, all of Washington, D. C., were on the brief, for appellee.

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

WILBUR K. MILLER, Associate Justice.

James B. Burns, an inmate of the District of Columbia Reformatory at Lorton, Virginia, tendered to the District Court of the United States for the District of Columbia a petition for a writ of habeas corpus, in which he named as respondent Edward J. Welch, the superintendent of the institution. The District Court permitted the petition to be filed and, without a hearing and without issuing...

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