SANFORD v. RUNYON

No. 10613.

136 F.2d 54 (1943)

SANFORD, Warden, v. RUNYON.

Circuit Court of Appeals, Fifth Circuit.

June 4, 1943.


Attorney(s) appearing for the Case

M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellant.

No appearance was entered for appellee.

Before HUTCHESON and WALLER, Circuit Judges, and COX, District Judge.


HUTCHESON, Circuit Judge.

Appellee, taken on parole warrant, filed his petition for writ of habeas corpus. The district judge, stating, "The record shows that petitioner both prior to the alleged violation of his parole and also before the issuance of the parole warrant had completed the term specified in his sentence, less such `good time allowance'", discharged him. The warden is here insisting that the judgment below was based on the erroneous finding that petitioner...

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