Bohland v. Smith

LINDLEY, District Judge.

Inasmuch as there is no dispute about the facts, the court can determine this motion upon the pleadings without the introduction of evidence.

Defendant William Smith was convicted in this court and is now confined in the United States Penitentiary at Terre. Haute. Service of summons herein was made upon him by serving, at the family residence, his wife as provided in Section *3654(d) of Civil Rules of Procedure, 28 U.S. C.A. following section 723c. The sole question involved is whether it can be said that his absence from his home, brought about by his incarceration, brings…