Legal Opinion

Halligan v. Marcil

Court of Appeals for the Ninth Circuit

Decided October 29, 1913No. 2322PublishedCited by 14 opinions

Appeal from the District Court of the United States for the Southern Division of the Western District of Washington. Petition by James A. Marcil for writ of habeas corpus to obtain his discharge from the custody of O. P. Halligan, Warden of the United States Penitentiary at Bee, McNeil Island, Washington, for the United States Government. From an order sustaining the writ and discharging petitioner, the Warden appeals.

1Opinion of the Court

ROSS, Circuit Judge.

The appellee was petitioner in the court below for a writ of habeas corpus, and, that court having by its judgment discharged him from custody, the government brings the case here by appeal.

The record shows that the.appellee was on May 3, 1909, upon conviction of a violation of the National Banking Act, sentenced by the United States District Court for the Eastern District of Washington to serve five years in the United States Penitentiary at McNeil Island, and that his sentence commenced May 13th of that year; that while confined pursuant to the sentence he earned' 216…

2Cited by14 opinions

  1. United States Ex Rel. Rowe v. NicholsonCourt of Appeals for the Fourth Circuit · 1935
  2. Nix v. JamesCourt of Appeals for the Ninth Circuit · 1925
  3. Commonwealth Ex Rel. Meinzer v. SmithSuperior Court of Pennsylvania · 1935
  4. Aderhold, Warden v. PerryCourt of Appeals for the Fifth Circuit · 1932
  5. Jarman v. United StatesCourt of Appeals for the Fourth Circuit · 1937

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