Aderhold v. Soileau

Joseph Soileau was discharged on habeas corpus from serving a sentence for an escape on May 25, 1931, from a federal road camp in Virginia, where he was serving a sentence imposed in Louisiana which required his imprisonment in the United States Industrial Reformatory at Chilicothe, Ohio, "until he reaches the age of twenty-one years." It was successfully contended that the original sentence to imprisonment until he should reach the age of twentyone years was so uncertain as to be void, and that imprisonment under it was illegal and escape from such imprisonment no crime under 18 USCA § 753 (h). The record contains a previous habeas corpus proceeding against Aderhold, warden, in which Soileau obtained a ruling from which no appeal was taken that the Louisiana sentence was too vague to be enforced and that Soileau be taken before the trial court to be resentenced. He was resentenced in Louisiana; the new sentence being made to run from the date of the old one. This sentence has been served, and that imposed for the escape alone remains.