Calvin P. Stewart v. United States of America and Errol Leslie Merriman

BRATTON, Chief Judge.

In Grant v. Guernsey, 10 Cir., 63 F.2d 163, certiorari denied, 289 U.S. 744, 53 S.Ct. 688, 77 L.Ed. 1491, the majority of a divided panel of this court determined in effect that where an accused has been enlarged on probation by a United States court after conviction of a federal crime, state authorities cannot take him into custody and assert jurisdiction over him on a state criminal charge without the consent of such federal court. One member of the court dissented. The question now presented for determination is whether the court shall adhere to the doctrine enunciated…