Legal Opinion

Aderhold v. McCarthy

Court of Appeals for the Fifth Circuit

Decided May 29, 1933No. 6866PublishedCited by 26 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

In his response to a writ of habeas corpus, the Warden of the Unite.d States Penitentiary at Atlanta justifies bis bolding of George McCarthy by a commitment from the District Court of Vermont containing a certified copy of a sentence for smuggling liquor imposed May 16, 1929; under which McCarthy was to be imprisoned in that penitentiary for a jmar and a day. McCarthy claims that the sentence has been served. Before reaching the penitentiary he escaped, and the following month in New Hampshire repeated his offense and was there on September 29; 1929, sentenced to a term…

2Cases cited7 opinions

  1. Ex Parte WilsonSupreme Court of the United States · 1885
  2. Howard v. United StatesCourt of Appeals for the Sixth Circuit · 1896
  3. United States v. PattersonUnited States Circuit Court · 1887
  4. Zerbst v. LymanCourt of Appeals for the Fifth Circuit · 1919
  5. Fortson v. Elbert CountySupreme Court of Georgia · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Downey v. United StatesCourt of Appeals for the D.C. Circuit · 1937
  2. Joseph Orby Smith v. United StatesCourt of Appeals for the Ninth Circuit · 1958
  3. Subas v. HudspethCourt of Appeals for the Tenth Circuit · 1941
  4. Keith v. Walter WashingtonDistrict of Columbia Court of Appeals · 1979
  5. Zerbst v. KidwellCourt of Appeals for the Fifth Circuit · 1937

21 more not listed; retrieve them via the Exa API.

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