Record
Court opinion
1934-11-30
CourtListener
Bailey v. United States, 74 F.2d 451 (10th Cir. 1934)
The Tenth Circuit's affirmance of Harvey J. Bailey's conviction and life sentence for conspiracy under the federal kidnaping act of 22 June 1932 in the Urschel case.
- Date
- 1934-11-30
- Kind
- court-opinion
- Source
- CourtListener
- Retrieved
- 2026-10-12
- Docket
- 1107
- Rights
- Opinion of a federal court. A United States government work; judicial opinions are not subject to copyright (17 U.S.C. § 105). The text is served by CourtListener.
The Court of Appeals for the Tenth Circuit affirmed Harvey J. Bailey’s conviction for conspiracy under the Act of June 22, 1932 (18 U.S.C. § 408a), the federal kidnaping statute, in the Urschel case, and his sentence of life imprisonment. It rejected the argument that the sentence was cruel and unusual: “Where the sentence imposed is within the limits prescribed by the statute for the offense committed, it ordinarily will not be regarded as cruel and unusual.” It also held that Congress may close the channels of interstate commerce to the transportation of kidnaped persons.
The opinion was decided on November 30, 1934. The appeal was taken on the agreed statement of facts filed in May 1934.
