In re Christian

Citations

• 82 F. 885
• 1897 U.S. App. LEXIS 2809

Syllabus

<p>1. Criminal Law — Discharge for Void Sentence — Removal to District of Trial for Resentenok.</p> <p>The petitioner was indicted and convicted in the Central district .of the Indian Territory, and sentenced to imprisonment at Detroit, Midi. While the marshal of that district was en route with the prisoner to the prison at Detroit, he sued out a writ tíí habeas corpus before the circuit court of the United States for the Western district of Arkansas, and was discharged because the sentence pronounced against him was void. Upon being rearrested under section 1014 of Hie Revised Statutes of the United States, he sued out a second writ of habeas corpus before the same court. Held, That the proceeding under section 1014 of the Revised Statutes of the United States was irregular and unauthorized, and the defendant is discharged without prejudice to the United Sta1.es to take any lawful measures to have the petitioner sentenced according to law upon the verdict of guilty against him.</p> <p>2. Same — Procedure.</p> <p>Held, further, that the proper proceeding for the removal of the prisoner to the Central district of the Indian Territory was for the United States court for unit district, under section 716 of the Revised Statutes of the United States, to issue its warrant, addressed to the marshal of the Western district of Arkansas, to arrest the defendant and deliver him to the marshal of the Central district of the Indian Territory to abide the action pf that court.</p> <p>(Syllabus by the Judge.)</p>