Perry v. Gwartney

The opinion of the court was delivered by

Smith, J.:

This was a petition for a writ of habeas corpus brought originally in the district court. Judgment was for the respondent denying the writ. The petitioner has appealed.

About many of the facts there is no dispute. On July 16, 1941, petitioner was incarcerated in the Missouri state penitentiary following his conviction of burglary and grand larceny and his sentence to be confined there for a term of eight years. While serving that sentence he was taken before the federal court in Missouri, where he entered a plea of guilty to a violation of the…