[Download] "Platek v. Aderhold" by Fifth Circuit Circuit Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Platek v. Aderhold
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 23, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Joseph A. Platek, a prisoner in the United States penitentiary, has brought two separate petitions against the Warden, from refusals of which he takes separate appeals. The first petition entertained November 17, 1933, prays for a production of petitioners body in court, and for his release, and is to be treated as praying for a writ of habeas corpus. Under it he was produced, the Warden answering under oath that the prisoner was held under an exhibited commitment. Also exhibited was a penitentiary record which showed the prisoners conviction in Ohio for knowingly possessing stolen bonds, section 194, Criminal Code (18 USCA § 317), and sentence on May 24, 1929, for four years; a parole granted June 21, 1931; prisoner declared a parole violator February 12, 1932; returned as such August 19, 1933, and parole revoked September 24, 1933, with a notation: "Earns no good time. Has 702 days to serve." A further note states that Platek was arrested in Ohio November 3, 1931, for burglary, and was sentenced January 28, 1932, to Ohio State Penitentiary, whence he was discharged August 15, 1933, and turned over to the United States Marshal. No evidence was heard at the trial, and we take it this answer with its exhibits was treated as true. The petition exhibits a regular record of conviction for possessing bonds stolen from the mail, and it claims that the offense was that of an accessory after the fact, punishable under 18 USCA § 551 by imprisonment not to exceed one-half the maximum term prescribed for a principal offender, and that Platek has served more than that time. The petition also states that the Parole Board met in September, 1933, and at that meeting revoked his parole, but denies in general terms, stating no specific facts, that he had received a hearing before the Board of Parole as specified by law, and that he was a fugitive from justice, and asserts that the warrant for his arrest as a parole violator was stale when executed eighteen months after its issuance, and that the parole was not revocable after his original term of sentence had expired. A brief filed for him states that the revocation was by one member only of the Parole board, but we cannot consider this statement as it is not supported by anything in the record.