SOLOMON

v.

GILLIS, RECORDER'S COURT JUDGE

Citator

Cited By

• Judson Edgar Holt v. United States, 303 F.2d 791 (8th Cir. 1962)
  …t presented to the trial court and we are not required to consider contentions which were not so presented. Johnston v. United States, supra, 8 Cir., 254 F. 2d 239, 241, and cases cited; Smith v. United States, 9 Cir., 287 F. 2d 270, 273, cert. den. 366 U.S. 946, 81 S.Ct. 1676, 6 L.Ed.2d 856. As to the issue of perjured testimony, we observe at the outset that in order to vacate the judgment and sentence on such grounds, two elements must be established: first, the use of perjured testimony, and, second, k…
• Brisco v. United States, 368 F.2d 214 (3d Cir. 1966)
  …the question was neither properly raised by the motion nor considered by the court below, we cannot consider it on this appeal. Brown v. United States, 321 F. 2d 898 (5th Cir. 1963); Smith v. United States, 287 F. 2d 270 (9th Cir. 1961), cert. den. 366 U.S. 946, 81 S.Ct. 1676, 6 L.Ed.2d 856; Bartholomew v. United States, 286 F. 2d 779 (8th Cir. 1961). The judgment of the court below will be affirmed.…
• Sawyer v. United States, 312 F.2d 24 (8th Cir. 1963)
  …t is supported by Prince v. United States, 1957, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370, and a number of other cases including particularly some from the 2nd and 9th Circuits, Smith v. United States, 9 Cir., 1961, 287 F. 2d 270, certiorari denied 366 U.S. 946, 81 S.Ct. 1676, 6 L.Ed.2d 856; United States v. Di Canio, 2 Cir., 1957, 245 F. 2d 713, certiorari denied 355 U.S. 874, 78 S.Ct. 126, 2 L.Ed.2d 79; and United States v. Tarricone, 2 Cir., 1957, 242 F. 2d 555. The cases accepting the merger theory hav…