United States ex rel. Samman v. Ragen

SPARKS, Circuit Judge.

Appellant appeals from the denial of his ■application for discharge on writ of habeas ■corpus. He is held in the custody of the Warden of the Illinois State Penitentiary on account of violation of a parole from a 1931 sentence for armed robbery, and a second sentence for armed robbery following his conviction therefor in 1945.

The sole issue presented by the petition and appeal from the denial thereof is whether the fact that appellant had been adjudicated insane by a California court and committed to an, asylum in 1931 and never thereafter legally restored to sanity ipso…