Verheul v. Johnston

Ninth Circuit

Verheul v. Johnston

99 F.2d 757, 1938 U.S. App. LEXIS 2981

CourtCourt of Appeals for the Ninth Circuit

DecidedNovember 7, 1938

DocketNo. 8825

StatusPublished

Cited by3 cases

This text of 99 F.2d 757 (Verheul v. Johnston) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Verheul v. Johnston, 99 F.2d 757, 1938 U.S. App. LEXIS 2981 (9th Cir. 1938).

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Opinion

PER CURTAM.

This is an appeal from an order denying appellant’s application for writ of habeas corpus. Appellant was indicted for bank robbery committed January 5, 1935, and after plea of guilty was sentenced, on May 31, 1935, to a term of twenty-five years imprisonment. He contends that the indictment stated an offense under the Act of May 18, 1934, ch. 304, 48 Stat. 783, sec. 2(a), 12 U.S.C.A. § 588b, subd. (a), which fixes the maximum penalty at twenty years, and not under subdivision (b), id. sec. 2(b), 12 U.S.C.A. § 588b, subd. (b), which fixes the maximum penalty at twenty-five years. The sentence authorized by 12 U.S.C.A. § 588b, subdivision (a) (20 years) not having expired, the application is premature. Smith v. Johnston, 9 Cir., 83 F.2d 321; Hall v. Johnston, 9 Cir., 86 F.2d 820; Ex parte Mhlendez, 9 Cir., 98 F.2d 791.

Order affirmed.

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PER CURTAM.

This is an appeal from an order denying appellant’s application for writ of habeas corpus. Appellant was indicted for bank robbery committed January 5, 1935, and after plea of guilty was sentenced, on May 31, 1935, to a term of twenty-five years imprisonment. He contends that the indictment stated an offense under the Act of May 18, 1934, ch. 304, 48 Stat. 783, sec. 2(a), 12 U.S.C.A. § 588b, subd. (a), which fixes the maximum penalty at twenty years, and not under subdivision (b), id. sec. 2(b), 12 U.S.C.A. § 588b, subd. (b), which fixes the maximum penalty at twenty-five years. The sentence authorized by 12 U.S.C.A. § 588b, subdivision (a) (20 years) not having expired, the application is premature. Smith v. Johnston, 9 Cir., 83 F.2d 321; Hall v. Johnston, 9 Cir., 86 F.2d 820; Ex parte Mhlendez, 9 Cir., 98 F.2d 791.

Order affirmed.

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Bluebook (online)

99 F.2d 757, 1938 U.S. App. LEXIS 2981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verheul-v-johnston-ca9-1938.

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