Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of Corrections

289 F.2d 928, 1961 U.S. App. LEXIS 4637

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 2, 1961
• Docket: 18110_1
• Status: Published

Opinions

PER CURIAM.

On the Court’s own motion, our decision reported as MacKenna v. Ellis, 5 Cir., 1960, 280 F.2d 592, has been considered on rehearing before the Court en banc. The opinion and decision are modified in one respect only.

In lieu of the directions at the conclusion of the opinion as quoted in the margin,¹ the following is substituted:

The judgment is therefore reversed and the cause remanded with directions grant the writ, vacate the judgment of conviction, and make such disposition of the petitioner as law and justice may require at the time of the entry of the final order.²

Reversed and remanded with directions.

1 . “The judgment is therefore reversed and the cause remanded with directions to grant the writ and discharge the petitioner. See 28 U.S.C.A. § 2106.

“Reversed and Remanded with directions.” 280 F.2d at pages 604, 605.

2 . See 28 U.S.C.A. § 2106; United States ex rel. Almeida v. Baldi, 3 Cir., 1952, 195 F.2d 815, 825, 33 A.L.R.2d 1407; Mitchell v. Youell, 4 Cir., 1942, 130 F.2d 880, 882; 15 Am.Jur., Criminal Law, § 364; 25 Am.Jur. Habeas Corpus, § 157; 22 C.J.S. Criminal Law §§ 266, 267; 39 C.J.S. Habeas Corpus § 102.