United States v. Murray, 275 U.S. 347 (1928)

United States v. Murray

Nos. 394

, 539

Argued November 22, 23, 1927
Decided January 3, 1928
275 U.S. 347

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

When a person sentenced to imprisonment by a district court has begun to serve his sentence, that court has no power under the Probation Act of March 4, 1925, to grant him probation even though the term at which sentence was imposed had not expired. P. 352.

19 F.2d 826 affirmed.

The first of these cases came here by a certificate from the Circuit Court of Appeals for the Eighth Circuit propounding a question arising upon review of an order of the district court placing a convict on probation after he had begun service of his sentence. The entire record was ordered up.

The second case came up by writ of certiorari (post, p. 516) to a judgment of the Circuit Court of Appeals for the Fifth Circuit which reversed a similar order of probation.