Hiatt, Warden v. Hilliard

Entered May 23, 1949, on the undisputed facts 1 established on the hearing of his petition for habeas corpus, the order appealed from discharged appellee from custody on t.he grounds fully -discussed in the -court’s unreported opinion.

This ground was that Secs. 4161 and 4165, Title 18 U.S.C.A., 2 effective Sept. 1, 1948, were intended to have, and should be given retroactive effect, and that petitioner was, therefore, entitled to a conditional release.

Appealing from that order, the warden is here insisting that, in so holding, the court erred, and the order may not stand.

We agree. Prior to…