Legal Opinion

United States of America Ex Rel. Francis Spellman, Jr. v. Glenn Murphy

Court of Appeals for the Seventh Circuit

Decided December 13, 1954No. 11167_1PublishedCited by 20 opinions

1Opinion of the Court

DUFFY, Chief Judge.

Relator was in custody at the Illinois State Farm, a state penal institution. He petitioned for a writ of habeas corpus contending that he was apprehended, convicted and incarcerated while he was in the custody of a United States Marshal pursuant to the terms of probation imposed upon him by the United States District Court for the Northern District of Illinois, Western Division, and claimed that his incarceration in the state institution was, therefore, unlawful. The United States District Court filed findings of fact and conclusions of law holding that the Circuit Court…

2Cases cited14 opinions

  1. In Re JohnsonSupreme Court of the United States · 1897
  2. Stamphill v. JohnstonCourt of Appeals for the Ninth Circuit · 1943
  3. Rawls v. United StatesCourt of Appeals for the Tenth Circuit · 1948
  4. Grant v. GuernseyCourt of Appeals for the Tenth Circuit · 1933
  5. United States Ex Rel. Pasela v. FennoCourt of Appeals for the Second Circuit · 1948

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3Cited by20 opinions

  1. State v. JonesSupreme Court of Florida · 1976
  2. Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
  3. Franklin v. StateIdaho Supreme Court · 1964
  4. State v. ScottSupreme Court of Missouri · 1973
  5. State v. WilliamsDistrict Court of Appeal of Florida · 1970

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