Ex parte Marcil

Citations

• 207 F. 809
• 1913 U.S. Dist. LEXIS 1353

Syllabus

<p>Pardon (§ 14*)—Parole—Good Time—“Legal Custody”—“‘Control.”</p> <p>Act Cong. June 21, 1902, c. 1140, 32 Stat. 397 (U. S. Comp. St. Supp. 1911, p. 1701), provides that each prisoner confined, in execution of a sentence, in any United States penitentiary, whose record justifies it, shall be entitled to a deduction for good time, commencing from the first day of his arrival at the penitentiary. Act June 25, 1910, c. 387, 36 Stat. 819 (U. S. Comp. St. Supp. 1911, p. 1702), declares that every prisoner confined for a term of more than one year, whose record shows an observance of the prison rules, and who has served one-third of his term, may be released on parole. Section 3 declares that the parole shall be granted on such terms as the hoard of parole shall prescribe, the prisoner to remain, while on parole, in the legal custody, and under the control of the warden of the prison from which he was paroled, and until the expiration of the term or terms specified in his sentence, less such good time allowance as is provided. The act also provides for the retaking of a paroled prisoner who has violated his parole, at any time within the term or terms of his sentence, and for a hearing before the board, which may revoke the order and terminate the parole, and, if revoked, the prisoner shall serve the remainder of the sentence imposed; the time the prisoner was on parole not being taken into account to diminish the time of his sentence. Held, that “legal custody” and “control” did not contemplate actual custody or confinement of a paroled prisoner, and that such a prisoner was not subject to prison rules providing for a forfeiture of good time allowance by a breach of such rules, so that on Ms return for breach of his parole he was not subject, to a forfeiture of his good time earned, in determining the date of the expiration of his sentence.</p> <p>[Ed. Note.—For other cases, see Pardon, Cent. Dig. §§ 28-31; Dec. Dig. § 14.*</p> <p>For other definitions, see Words and Phr