Halligan v. Wayne
Court of Appeals for the Ninth Circuit
Appeal--from the District Court of the United States for the' Northern Division of the Western District of Washington. Petition -by Frank Wayne against- O. P. Halligan, Warden of the United States Penitentiary on McNeil’s Island, Wash., for a writ of habeas corpus. From an order allowing the writ, defendant appeals. The appellee was indicted in the District Court of the United States for the District of. Oregon under five counts.
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Appeal--from the District Court of the United States for the' Northern Division of the Western District of Washington. Petition -by Frank Wayne against- O. P. Halligan, Warden of the United States Penitentiary on McNeil’s Island, Wash., for a writ of habeas corpus. From an order allowing the writ, defendant appeals. The appellee was indicted in the District Court of the United States for the District of. Oregon under five counts. The; first count charged burglary, in that he broke into' and entered a United States post office with intent to commit larceny therein; by stealing and taking away…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). It is well settled, except in jurisdictions where it is otherwise provided by statute, that one accused of burglary with intent to commit larceny may, in a second count, be charged with the larceny. It is also well settled that upon such an indictment the accused may be convicted of either of the offenses charged. But the question which the case now before us presents is whether one thus accused of burglary and larceny may be convicted and punished for both offenses. Upon this proposition there is conflict of authority. In Ex parte Peters (C. C.) 12 Fed.…
2Cases cited14 opinions
- Wilson v. StateSupreme Court of Connecticut · 1855
- Lyons v. PeopleIllinois Supreme Court · 1873
- Commonwealth v. BirdsallSupreme Court of Pennsylvania · 1872
- State v. McClungWest Virginia Supreme Court · 1891
- Roberts v. StateMississippi Supreme Court · 1877
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3Cited by20 opinions
- State v. HollmanSupreme Court of South Carolina · 1958
- Stevens v. McClaughryCourt of Appeals for the Eighth Circuit · 1913
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- Edmond v. StateDistrict Court of Appeal of Florida · 1973
- Mead v. StateAlaska Supreme Court · 1971
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