Legal Opinion
Zerbst v. McPike
Court of Appeals for the Fifth Circuit
Decided June 16, 1938No. 8634PublishedCited by 72 opinions
1Opinion of the Court
SIBLEY, Circuit Judge.
Will McPike by habeas corpus challenged the legality of his imprisonment in the federal penitentiary at Atlanta, on the ground that the sentence of three years imposed on him Nov. 7, 1933, in the District Court for the Western District of Louisiana had expired. He obtained a judgment of discharge and the warden of the penitentiary appeals.
The undisputed evidence is that Mc-Pike was arrested by the State of Louisiana and was in the parish jail awaiting trial. On Nov. 6, 1933, he was 'indicted in the federal court for fraudulently impersonating a United States officer. On…
2Cases cited3 opinions
- Ponzi v. FessendenSupreme Court of the United States · 1922
- Covell v. HeymanSupreme Court of the United States · 1884
- Ableman v. BoothSupreme Court of the United States · 1859
3Cited by72 opinions
- James Ray Thomas v. R.D. Brewer, WardenCourt of Appeals for the Ninth Circuit · 1991
- In Re Thomas A. LiberatoreCourt of Appeals for the Second Circuit · 1978
- George Freeman Causey v. Benjamin R. Civiletti, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1980
- Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
- Lunsford v. HudspethCourt of Appeals for the Tenth Circuit · 1942
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