Kirkman v. McClaughry
U.S. Circuit Court for the District of Kansas
Habeas Corpus. This is a petition for a writ of habeas corpus filed by George W. Kirkman, late captain Twenty-Fifth United States Infantry, against R. W. MeClaughry, the warden of the United States penitentiary at Ft. Leavenworth, in which penal institution petitioner is confined by authority of sentences imposed by general courts-martial duly and regularly entered against him and properly approved in compliance with the articles of war.
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Habeas Corpus. This is a petition for a writ of habeas corpus filed by George W. Kirkman, late captain Twenty-Fifth United States Infantry, against R. W. MeClaughry, the warden of the United States penitentiary at Ft. Leavenworth, in which penal institution petitioner is confined by authority of sentences imposed by general courts-martial duly and regularly entered against him and properly approved in compliance with the articles of war. The facts necessary to an understanding and decision of the precise question presented by the petition for the writ and the return of the warden to the writ…
1Opinion of the CourtPoeeock, District Judge
(after stating the facts). As the petition for the writ was filed in this court on February 8th of the present year, and the writ issued on the 4th day of this present month, and as the term of sentence as claimed by the petitioner began to run on the 15th of June, 1905, it is quite clear the sentence of two years, imposed under the proceedings first instituted against him, had expired neither at the date of the filing of the petition, nor at the date the writ was issued, nor even on this 7th day of March, 1907, when the case was submitted for decision upon the petition and the return to the…
2Cases cited20 opinions
- In Re GrimleySupreme Court of the United States · 1890
- United States v. FreemanSupreme Court of the United States · 1845
- Ex Parte ReedSupreme Court of the United States · 1879
- Kurtz v. MoffittSupreme Court of the United States · 1885
- Smith v. WhitneySupreme Court of the United States · 1886
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3Cited by5 opinions
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- Biddle v. HallCourt of Appeals for the Eighth Circuit · 1926
- White v. KwiatkowskiCourt of Appeals for the Tenth Circuit · 1932
- In re WeismanSupreme Court of Kansas · 1914
- People ex rel. Mullin v. MooreAppellate Division of the Supreme Court of the State of New York · 1936