Legal Opinion

Brown v. Cain

District Court, E.D. Pennsylvania

Decided June 14, 1944No. M-1075PublishedCited by 16 opinions

1Opinion of the Court

KIRKPATRICK, District Judge.

The relator James H. 'Brown, a guard, shot and killed a man named Franklin Giddings in the shipyard of the Sun Shipbuilding Dry Dock Co. at Chester, Pennsylvania. He was arrested, indicted by the Grand Jury of Delaware County for murder and was in the custody of the respondent, the warden of the County prison.

He applied for this writ, alleging that he was in custody for an act done in pursuance of a law of the United States, Title 28, Sec. 453, U.S.C.A.

The relator has been since December 21, 1942, an enrolled temporary member of the Coast Guard Reserve, with the…

2Cases cited5 opinions

  1. Ex Parte RoyallSupreme Court of the United States · 1886
  2. United States Ex Rel. Drury v. LewisSupreme Court of the United States · 1906
  3. Castle v. LewisCourt of Appeals for the Eighth Circuit · 1918
  4. In re WaiteDistrict Court, N.D. Iowa · 1897
  5. In re FairU.S. Circuit Court for the District of Nebraska · 1900

3Cited by16 opinions

  1. Petition of Lloyd Clifton for a Writ of Habeas Corpus v. Gene Cox, Sheriff of Humboldt County, CaliforniaCourt of Appeals for the Ninth Circuit · 1977
  2. State of Wyoming v. LivingstonCourt of Appeals for the Tenth Circuit · 2006
  3. In Re McShane's PetitionDistrict Court, N.D. Mississippi · 1964
  4. Henry Bradford Morgan and Stephen Michael Swanson v. People of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1984
  5. Whitehead v. SenkowskiCourt of Appeals for the Second Circuit · 1991

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