Legal Opinion

Bert Strand, Sheriff of San Diego County, State of California v. William Schmittroth

Court of Appeals for the Ninth Circuit

Decided December 3, 1957No. 14733_1PublishedCited by 72 opinions

1Opinion of the Court

JAMES ALGER FEE, Circuit Judge.

This case portrays the effort of a felon in virtue of his convection of serious crimes against the United States to seek sanctuary, because of that conviction and sentence, from prosecution by the State of California for offenses charged to have been committed by him against members of that community. The United States District Court freed Schmittroth, upon his own petition, from the physical custody of the state officer who was holding him for trial, and released him to continue his depredations under federal protection among people of the very state which had…

2Cases cited89 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. Darr v. BurfordSupreme Court of the United States · 1950
  3. Frisbie v. CollinsSupreme Court of the United States · 1952
  4. Ker v. IllinoisSupreme Court of the United States · 1886
  5. Ex Parte HawkSupreme Court of the United States · 1944

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3Cited by72 opinions

  1. United States v. WarrenCourt of Appeals for the Ninth Circuit · 1980
  2. United States v. Ross Joseph StradaCourt of Appeals for the Eighth Circuit · 1974
  3. United States v. James Milton Cotten and William Lowell RobertsCourt of Appeals for the Ninth Circuit · 1973
  4. Aubry Johnson v. A. GillCourt of Appeals for the Ninth Circuit · 2018
  5. In Re PattersonCalifornia Supreme Court · 1966

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