CRIMINAL LAW AND PROCEDURE - FEDERAL COURTS - RESERVATION OF POWER TO GRANT PROBATION AFTER SENTENCE BEGUN

The defendant was convicted of a violation of the National Motor Vehicle Act and a sentence not exceeding one year was imposed, subject to reservation of a power to grant probation later. He served a portion of the sentence. Pursuant to an investigation and report by the probation officer, the defendant was released and put on probation for the remainder of his term. Held, that the district court, under the National Probation Act of 1925, had authority to reserve jurisdiction of the case and to release the defendant and put him on probation after he had served a portion of the sentence.

United States v. Wittmeyer, (D. C. Nev. 1936) 16 F. Supp. 1000.