Arthur Earl Bistram v. United States

MATTHES, Circuit Judge.

In this proceeding instituted by authority of Title 28 U.S.C.A. Sec. 2255, Arthur Earl Bistram has appealed from the order of the Court denying his motion to vacate sentence and application for writ of habeas corpus ad testifican-dum. In view of the contentions advanced by appellant, it is deemed advisable to review the proceedings antedating the original judgment and commitment.

While a fugitive, appellant, his brother, and one Allen Hartman, were stopped by a police officer at Mandan, North Dakota, on June 5, 1949. They unlawfully and with force seized the officer and…