Calvin P. STEWART, Appellant,
v.
UNITED STATES of America and Errol Leslie Merriman, Appellees.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
May 6, 1959.
May 6, 1959.
Attorney(s) appearing for the Case
Walter L. Budge, Deputy Atty. Gen., of Utah, (E. R. Callister, Atty. Gen., Richard R. Boyle, Asst. Atty. Gen., and Milton A. Melville, County Atty. of Millard County, Fillmore, Utah, on the brief), for appellant.
William A. Kehoe, Jr., Attorney, Department of Justice, Washington, D. C. (W. Wilson White, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., for District of Utah, C. Nelson Day, Asst. U. S. Atty., Salt Lake City, Utah, and Harold H. Greene, Attorney, Department of Justice, Washington, D. C., on the brief), for appellee United States.
Donald B. Holbrook, Salt Lake City, Utah, for appellee Merriman.
Before BRATTON, Chief Judge, and MURRAH, PICKETT, LEWIS, and BREITENSTEIN, Circuit Judges.
United States Court of Appeals Tenth Circuit.
BRATTON, Chief Judge.
In Grant v. Guernsey, 10 Cir., 63 F.2d 163, certiorari denied, 289 U.S. 744, 53 S.Ct. 688, 77 L.Ed. 1491, the majority of a divided panel of this court determined in effect that where an accused has been enlarged on probation by a United States court after conviction of a federal crime, state authorities cannot take him into custody and assert jurisdiction over him on a state criminal charge without the consent...
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