Biddle v. Hall

LEWIS, Circuit Judge.

This is a proceeding in habeas corpus. Appellee’s petition for the writ shows that on May 16, 1924, he was sentenced by the District Court for the District of Wyoming, on his pleas of guilty to two indictments there pending as cases Nos. 2198 and 2199, to terms of confinement in the penitentiary at Leavenworth, of a year and a day in each case; and he alleged that he had served the terms imposed and was being unlawfully held in custody by the warden. Appellant challenged the sufficiency of the petition by demurrer which was overruled, and he declined to plead further. The…