Legal Opinion
Harry William Theriault v. United States
Court of Appeals for the Fifth Circuit
Decided November 2, 1970No. 26143PublishedCited by 50 opinions
1Opinion of the Court
RIVES, Circuit Judge:
This appeal is from a conviction for violating section 751, Title 18, United States Code 1 as charged in the indictment 2 and a sentence to imprisonment for three years, to run consecutively to two earlier sentences.
The evidence failed to sustain that part of the indictment emphasized in footnote 2, supra. All three documents — the sworn complaint, the warrant of arrest, and the Commissioner’s final commitment, by virtue of which the defendant was held in custody at the time of his escape — were for violation of 18 U.S.C. § 641, 3 and each of the three de scribed the…
2Cases cited10 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- Berra v. United StatesSupreme Court of the United States · 1956
- Cartwright v. United StatesCourt of Appeals for the Fifth Circuit · 1944
- Giles v. United StatesCourt of Appeals for the Ninth Circuit · 1944
- United States v. Charles Haskel WilsonCourt of Appeals for the Fourth Circuit · 1960
5 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Ex Parte BushSupreme Court of Alabama · 1983
- United States v. StoneCourt of Appeals for the Eleventh Circuit · 1998
- United States v. WebberCourt of Appeals for the Seventh Circuit · 2008
- Dr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain ServiceCourt of Appeals for the Fifth Circuit · 1978
- United States v. Terry Ann DeischCourt of Appeals for the Fifth Circuit · 1994
45 more not listed; retrieve them via the Exa API.