Legal Opinion

Archer v. Snook

District Court, N.D. Georgia

Decided February 9, 1926No. 86PublishedCited by 26 opinions

1Opinion of the Court

SIBLEY, District Judge.

On July 31, 1925, Archer was sentenced in this court for an offense against the narcotic laws, to serve 2 years in the penitentiary at Atlanta, hut after serving 6 months thereof to be released on probation, under the Act approved March 4,1925 (Comp. St. Supp. 1925, §§ 10564⅘-10584⅘c). The-6 months having expired, he applies by habeas corpus for release; the application being resisted by the warden on the ground that the suspension provided in the sentence was beyond the power of the judge.

1. The sentence is one for 2 years’ imprisonment in the penitentiary, and not one…

2Cases cited5 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. Ex Parte United StatesSupreme Court of the United States · 1916
  3. United States v. WilsonSupreme Court of the United States · 1833
  4. Ex Parte WellsSupreme Court of the United States · 1856
  5. Nix v. United StatesCourt of Appeals for the Ninth Circuit · 1925

3Cited by26 opinions

  1. Sprague v. StateAlaska Supreme Court · 1979
  2. People v. LedfordSupreme Court of Colorado · 1970
  3. Ex Parte MedleyIdaho Supreme Court · 1953
  4. Phillips v. United StatesCourt of Appeals for the Eighth Circuit · 1954
  5. Hollandsworth v. United StatesCourt of Appeals for the Fourth Circuit · 1929

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