WALLACE

v.

NEW YORK

Citator

Cited By (52 total)

• Furman v. Georgia, 408 U.S. 238 (U.S. 1972)
  …he present members of the Court, am on judicial record as to this. As a member of the United States Court of Appeals, I first struggled silently with the issue of capital punishment in Feguer v. United States, 302 F. 2d 214 (CA8 1962), cert. denied, 371 U. S. 872 (1962). The defendant in that case may have been one of the last to be executed under federal auspices. I struggled again with the issue, and once more refrained from comment, in my writing for an en banc court in Pope v. United States, 372 F. 2d 71…
• Pope v. United States, 372 F.2d 710 (8th Cir. 1967)
  …; United States v. Freeman, 357 F. 2d 606, 614 (2 Cir. 1966), it is not inappropriate that, sitting en banc, we examine it once again. We last fully considered the issue in Feguer v. United States, 302 F. 2d 214, 242-245 (8 Cir. 1962), cert. denied 371 U.S. 872, 83 S.Ct. 123, 9 L.Ed.2d 110, a capital case. There we observed, as we had also done earlier in Dusky v. United States, 295 F. 2d 743, 759 (8 Cir. 1961), cert. denied 368 U.S. 998, 82 S.Ct. 625, 7 L.Ed.2d 536, the following: 1. This court, as nearl…
• United States v. Colbert, 474 F.2d 174 (5th Cir. 1973)
  …2d 126; Coleman v. Maxwell, 6th Cir. 1968, 387 F. 2d 134, cert. denied 393 U.S. 1007, 89 S.Ct. 492, 21 L.Ed.2d 472, reh. denied 394 U.S. 912, 89 S.Ct. 1014, 22 L.Ed.2d 226; Feguer v. United States, 8th Cir. 1962, 302 F. 2d 214, 248-249, cert. denied 371 U.S. 872, 83 S.Ct. 123, 9 L.Ed.2d 110. Abandonment is primarily a question of intent, and intent may be inferred from words spoken, acts done, and other objective facts. United States v. Cowan, 2d Cir. 1968, 396 F. 2d 83, 87. All relevant circumstances exis…