O'Brien v. McClaughry
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for .the District of Kansas; John C. Pollock, Judge. Habeas corpus by James E. O’Brien, on petition of T. W. Bed, against Robert W. McClaughry, Warden of the United States Penitentiary at Leavenworth, Kan. From ^n order denying the writ, petitioner appeals.
1Opinion of the Court
SMITH, Circuit Judge.
The petitioner, James E. O’Brien, and others were indicted in the District Court of the United States for the District of South Dakota. The indictment was in two counts. In the first they were charged with breaking into the post office in the town of Stockholm with intent to commit larceny of the property of the United States; and in the second they were charged with larceny of the goods of the United States, within said post office, of the value of $58.80. To the indictment the defendant O’Brien pleaded guilty, and the court on May 9, 1911, sentenced him to five years in…
2Cases cited4 opinions
- United States v. PridgeonSupreme Court of the United States · 1894
- In Re SwanSupreme Court of the United States · 1893
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- De Bara v. United StatesCourt of Appeals for the Sixth Circuit · 1900
3Cited by18 opinions
- McNally v. HillSupreme Court of the United States · 1934
- Nix v. JamesCourt of Appeals for the Ninth Circuit · 1925
- Goodman v. StateArizona Supreme Court · 1964
- Orth v. United StatesCourt of Appeals for the Fourth Circuit · 1918
- Ex Parte CusterCourt of Criminal Appeals of Oklahoma · 1948
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