Stoneberg v. Morgan
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 borne Stoneberg and Edward Hack against Thomas W. Morgan, Warden of the United States Penitentiary at Eeavenworth, Kan. Order dismissing petition, and petitioners appeal.
1Opinion of the Court
SANBORN, Circuit Judge.
This is an appeal from an order of dismissal of a petition for a writ of habeas corpus. The claim of the petitioners is that they are serving a term of imprisonment for two years in the penitentiary under a sentence thereto which the court had no jurisdiction to impose upon them because there was no act of Congress which empowered that court to inflict a sentence of imprisonment for more than one year for the offense with which they were charged. The United States asserts the existence of the court’s power to impose the sentence of two years under section 8 of the…
2Cases cited22 opinions
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