Comerford v. Hogsett

First Circuit

Comerford v. Hogsett

79 F.2d 486, 1935 U.S. App. LEXIS 4158

CourtCourt of Appeals for the First Circuit

DecidedOctober 16, 1935

DocketNo. 3028

StatusPublished

Cited by3 cases

This text of 79 F.2d 486 (Comerford v. Hogsett) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Comerford v. Hogsett, 79 F.2d 486, 1935 U.S. App. LEXIS 4158 (1st Cir. 1935).

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Opinion

PER CURIAM.

This is an appeal to this court from an order of the federal District Court for Massachusetts of December 3,. 1934, dismissing the appellant’s petition for a writ of habeas corpus. It appears that the appellant is confined in the state prison at Charlestown, Mass., serving a sentence, and is there held under process of the state court. The appeal is not accompanied by a certificate of probable cause as now required to give this court jurisdiction to entertain such an appeal. USCA, title 28, § 466 (43 Stat. 940, § 6 (d), Act of March 10, 1908, c. 76 (35 Stat. 40). In this situation the appeal must be dismissed for want of jurisdiction. See Bilik v. Strassheim, 212 U. S. 551, 29 S. Ct. 684, 53 L. Ed. 649; Ex parte Patrick, 212 U. S. 555, 29 S. Ct. 686, 53 L. Ed. 650; In re Graves (C. C. A.) 270 F. 181, 187.

The appeal is dismissed for want of jurisdiction.

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PER CURIAM.

This is an appeal to this court from an order of the federal District Court for Massachusetts of December 3,. 1934, dismissing the appellant’s petition for a writ of habeas corpus. It appears that the appellant is confined in the state prison at Charlestown, Mass., serving a sentence, and is there held under process of the state court. The appeal is not accompanied by a certificate of probable cause as now required to give this court jurisdiction to entertain such an appeal. USCA, title 28, § 466 (43 Stat. 940, § 6 (d), Act of March 10, 1908, c. 76 (35 Stat. 40). In this situation the appeal must be dismissed for want of jurisdiction. See Bilik v. Strassheim, 212 U. S. 551, 29 S. Ct. 684, 53 L. Ed. 649; Ex parte Patrick, 212 U. S. 555, 29 S. Ct. 686, 53 L. Ed. 650; In re Graves (C. C. A.) 270 F. 181, 187.

The appeal is dismissed for want of jurisdiction.

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Bluebook (online)

79 F.2d 486, 1935 U.S. App. LEXIS 4158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comerford-v-hogsett-ca1-1935.

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