SPAULDING
v.
SANFORD ET AL.
SPAULDING
SANFORD ET AL.
142 F.2d 444
Court of Appeals for the Fifth Circuit (1944)
Positive Treatment
Cited by 22 cases
Opinion of the Court
PER CURIAM.
Spaulding in his trial attacked' the sufficiency of each count of the indictment and was overruled, United States v. Spaulding, D.C., 16 F.Supp. 407, and the judgment was affirmed by the Circuit Court of Appeals. Spaulding v. United States, 6 Cir., 96 F. 2d 734. The propriety of his conviction and sentence is res judicata. The question of whether service of his-sentence began at once or was suspended! during his appeal is not now for decision' on habeas corpus, since in neither event, would he be entitled presently to release. McNally v. Hill, Warden, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238.
Judgment affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Mitchell v. Hodges Contracting Co. & Kenneth B. Hodges, 238 F.2d 380 (5th Cir. 1956)
-
Mitchell v. Strickland Transp. Co., Inc., 228 F.2d 124 (5th Cir. 1955)
-
United States v. Bd. OF Educ. OF Greene Cnty., 332 F.2d 40 (5th Cir. 1964)
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McNALLY v. Hill, 293 U.S. 131 (U.S. 1934)
- Bogy v. United States, 96 F.2d 734 (6th Cir. 1938)