(Download) "Widener v. Harris" by Fourth Circuit Circuit Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Widener v. Harris
- Author : Fourth Circuit Circuit Court Of Appeals
- Release Date : January 01, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
This is an appeal in a habeas corpus proceeding. Petitioner was indicted with her husband for violation of section 3296 of the Revised Statutes (26 USCA § 404). The indictment contained two counts, one charging removal of distilled spirits on which the tax had not been paid, the other charging concealment after removal. Petitioner pleaded guilty to the charges contained in the indictment and on May 16, 1931, was sentenced to five years imprisonment in the Federal Industrial Institution for Women at Alderson, W. Va. She entered upon the service of the sentence, but later filed with the judge below a petition for a writ of habeas corpus in which she alleged that she had been misled into entering the plea of guilty, that the judge in sentencing her had taken into consideration a charge of crime of which she had been acquitted and that the sentence imposed upon her was not authorized by statute and constituted cruel and unusual punishment forbidden by the Constitution (Const. Amend. 8). After a hearing had upon the return to the writ, the judge denied the prayer of the petitioner to be released from custody; and from the order discharging the writ she prosecutes this appeal.
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