Legal Opinion

Brinkman v. Morgan

Court of Appeals for the Eighth Circuit

Decided October 28, 1918No. 5114PublishedCited by 13 opinions

Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Petition for a writ of habeas corpus by August Brinkman against Thomas M. Morgan, Warden of the United States Penitentiary at Leavenworth, Kan. From an order denying his discharge, petitioner appeals.

1Opinion of the Court

HOOK, Circuit Judge.

This is an appeal from an order in habeas corpus denying the discharge of Brinkman, the appellant, from imprisonment in the United States penitentiary at Leavenworth, Kan. He was 'indicted in eight counts for that number of separate offenses by forging and uttering postal money orders. He pleaded guilty and was sentenced to imprisonment in the penal institution mentioned for 10 years, commencing on a day specified “and to run concurrently on all counts of the indictment.” He contends that the words above quoted from the sentence either make it one of imprisonment for 5…

2Cases cited1 opinion

  1. Myers v. MorganCourt of Appeals for the Eighth Circuit · 1915

3Cited by13 opinions

  1. Neely v. United StatesCourt of Appeals for the Fourth Circuit · 1924
  2. Levine v. HudspethCourt of Appeals for the Tenth Circuit · 1942
  3. Buie v. KingCourt of Appeals for the Eighth Circuit · 1943
  4. Hudson v. YouellSupreme Court of Virginia · 1942
  5. Jones v. HillCourt of Appeals for the Third Circuit · 1934

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