55 F. Supp. 146 | M.D. Penn. | 1944
The petition for writ of habeas corpus filed in these proceedings alleges that petitioner was arrested August 31, 1942, and confined in the County Jail until February 15, 1943, at which time he was taken before a United States Commissioner and re-committed in default of bail until about March 19, 1943, at which time he was tried and sentenced to a term of three years, which he is now serving. He contends that he is entitled to the writ on the ground that he was “held far too long beyond the limit before appearing before a Commissioner”. The restraint to which the petitioner refers has now ceased. As is shown by his own petition, he is now serving the sentence imposed upon him by the trial Court. These allegations, therefore, do not constitute a basis for the issuance of a writ of habeas corpus. Whitney v. Zerbst, 10 Cir., 62 F.2d 970; Hall v. Johnston, 9 Cir., 86 F.2d 820.
The remaining allegation of the petition is that “his sentence is illegal due
And now, therefore, the petition for writ of habeas corpus is dismissed.