Case Summary

It was November 1924 when James Dolezol petitioned for and received an order of writ of Habeas Corpus after being arrested and held in custody by Dennis H. Cronin and Micheal L, Endres in July of that year. Dolezol had been charged with violation of the National Prohibition Act and had been given a hearing for said charges where he was sentenced to three months imprisonment on two counts and a fine of $400. In his petition he presented that he was being unlawfully depreciated of his liberty and held in custody for longer than the imposed time of imprisonment. In December of the same year the court agreed, and he was discharged. In March of 1925 Cronin and Endres filed for and were allowed an appeal based on assignments of error. They presented that the imprisonment of three months on two accounts was ordered to run consecutively meaning that time of imprisonment would be six months and that the time of imprisonment was imposed until the fine was paid of which Dolezol had not paid. It was February of the following year that the Circuit Court of Appeals made the order to reverse the December 1924 order allowing the writ of Habeas Corpus and to remand Dolezol to custody in compliance with the decision of the case Cronin, U.S. Marshal et al., vs Wiliam J. Fox. which was carried out later that month.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

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

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

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. 51-52; 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. 1676

Source material(s)

Docket | Case File

Length of case file

Between 41 and 50 pages

Repository(s)

• National Archives and Records Administration, Kansas City (Kansas City, Kansas)

State

• Nebraska

Point(s) of law cited

Section No.1042 Revised Statutes

People

• Dolezol, James (petitioner)
• Dolezol, James (bound party)
• Cronin, Dennis H. (respondent)
• Cronin, Dennis H. (responding party)
• Cronin, Dennis H. (holding party)
• Endres, Michael L. (M. L. Endres) (respondent)
• Endres, Michael L. (M. L. Endres) (holding party)
• Endres, Michael L. (M. L. Endres) (responding party)
• Barrett, John C. (petitioner attorney)
• Scott, Andrew C. (respondent attorney)
• Taft, William H. (chief justice)
• McGee, John F. (judge)
• Woodrough, Joseph William (judge)
• Munger, Thomas C. (judge)

• Additional parties

  Koch, E. E. (Clerk)

  Foster, W. A. (Notary Public)

  Kinsler, James (United States Attorney)

  Hoyt, R. C. (Clerk)

  Nicholson, John (Chief Deputy)

  Davis, J. A. (Deputy)

  Young, Earl L. (Deputy)

  Whittaker, William (Court Reporter)

  Keyser, George A (United States Attorney)

  Copeland, Evelyn (Deputy)

  Moore, F. A. (Deputy)

  Banner, Homer D. (Federal Prohibition Agent)

  Gewinner, Otto G. (Federal Prohibition Agent)

  Thomas, Harvey L. (Chief Deputy)

  Boehler, Edwin C. (United States Commissioner)

  McNeil. William H. (Juror)

  Tubbs, Perry J. (Juror)

  Noh., Fred W. (Juror)

  Wendorf, Claud (Juror)

  Rose, Charles (Juror)

  Anderson, D. H. (Juror)

  Snyder, Edward S. (Juror)

  Pojar., Thomas (Juror)

  Lichtenwaller, J. B. (Juror)

  Galley, George W. (Juror)

  Murrill, J. A. (Juror)

  Asmussen, Hans (Juror)