Legal Opinion

Price v. Zerbst

Court of Appeals for the Fifth Circuit

Decided March 27, 1920No. 3491PublishedCited by 1 opinion

Appeal from the District Court of the United States for the Northern District of Georgia; Samuel H. Sibley, Judge. Habeas corpus by Richard F. Price against Fred G. Zerbst, Warden of the United S'tates penitentiary at Atlanta, Georgia. Writ denied, and petitioner appeals.

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Appeal from the District Court of the United States for the Northern District of Georgia; Samuel H. Sibley, Judge. Habeas corpus by Richard F. Price against Fred G. Zerbst, Warden of the United S'tates penitentiary at Atlanta, Georgia. Writ denied, and petitioner appeals. The following is the opinion of Sibley, J., in court below: The petition for habeas corpus discloses that on April 30, 1919, the petitioner was sentenced to the penitentiary in the District Court of the Southern District of New fork, for a term of three years, to date from a day six months previous, on which petitioner had…

1Per curiam

For reasons stated in the opinion rendered by the District Judge, we think that the refusal to order the issue of the writ of habeas corpus was proper. The averments of the petition for the writ did not show that the restraint complained of was illegal.

Affirmed.

2Cited by1 opinion

  1. Price v. ZerbstDistrict Court, N.D. Georgia · 1920

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