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Dennis H. Cronin, U. S. Marshal, et al., Appellants, vs. Fred Totoro

June 17, 1924 - November 14, 1928

Petitioned on December 18, 1924

Filed before the US District Court for the Omaha Division of the District of Nebraska (Omaha, Nebraska)

Filed before the United States Circuit Court of Appeals for the Eighth Circuit (St. Louis, Missouri)

Case ID: hc.case.ne.1533

Case Summary

Fred and Sarah Totoro were arrested for the unlawful sale and possession of intoxicating liquor. On July 3, 1924, Judge McGee sentenced Fred to two six-month sentences in the Lincoln County Jail along with a $500 fine. On December 18, 1924, Fred petitioned for a writ of habeas corpus and argued that he served both six-month sentences concurrently, was entitled to a shortened sentence for good behavior, and should be discharged. On December 20, the judge ordered the respondents to release Fred from custody upon the payment of a $250 bond. The respondents appealed the case to the U.S. Court of Appeals Eighth Circuit (St. Louis, Missouri). On January 30, 1926, the decision of the lower court was reversed by the higher court and the judge remanded Fred to the custody of the respondents. Additionally, Fred forfeited the bond on March 6, 1926.

Case Information

Petition type(s)

  • Carceral

Petition subtype(s)

  • Unlawful possession of intoxicating liquor
  • Unlawful sale of intoxicating liquor

Sites of significance

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

National Archives at Kansas City, Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. District Court for the Omaha Division of the District of Nebraska, Series: Law Dockets, 1912-1938, Vol. 8: Oct 10, 1924-Dec 17, 1925, pp. 91-92; National Archives at Kansas City, Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. District Court for the Omaha Division of the District of Nebraska. (2/27/1907- ), Series: Law Case Files, 1912-1938, No. 1696

Source material(s)

Docket | Case File

Length of case file

Between 31 and 40 pages

Related petitions

Repository(s)

State

  • Nebraska
  • Missouri

Point(s) of law cited

National Prohibition Law|No. 3533 Criminal, United States of America, Plaintiff, vs. Fred Totoro and Sarah Totoro, Defendants

Tag(s)

  • Appeal

People

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “Dennis H. Cronin, U. S. Marshal, et al., Appellants, vs. Fred Totoro.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 24, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.ne.1533

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