Von Baden v. Hiatt

JOHNSON, District Judge.

Victor Von Baden, a prisoner in the United States Penitentiary, Lewisburg, Pennsylvania, has filed a petition for a writ of habeas corpus directed to the Warden of the Penitentiary. Upon a rule to show cause issued thereon a hearing was duly had with the petitioner present The petitioner’s contention and the facts appearing in relation thereto are as follows:

He was originally sentenced in the United States District Court for the Northern District of Ohio on October 16, 1940, and entered his appeal on October 21, 1940. His Notice of Appeal filed on October 21, 1940,…