Eugene E. Le Masters v. E. H. Tucker, Warden, West Virginia State Penitentiary

Fourth Circuit

Eugene E. Le Masters v. E. H. Tucker, Warden, West Virginia State Penitentiary

250 F.2d 122, 1957 U.S. App. LEXIS 4125

CourtCourt of Appeals for the Fourth Circuit

DecidedNovember 25, 1957

Docket7512_1

StatusPublished

This text of 250 F.2d 122 (Eugene E. Le Masters v. E. H. Tucker, Warden, West Virginia State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eugene E. Le Masters v. E. H. Tucker, Warden, West Virginia State Penitentiary, 250 F.2d 122, 1957 U.S. App. LEXIS 4125 (4th Cir. 1957).

Pincite

Opinion

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus by a prisoner serving sentences of imprisonment under judgments of state courts of West Virginia. The facts are fully set forth in the memorandum opinion and order of the District Judge and need not be repeated at length. The question raised by the petition is whether a court of one county of the state could impose a sentence to begin at the expiration of the sentence imposed by the court of another county. The point was presented in a petition for habeas corpus to the Supreme Court of Appeals of West Virginia, which refused the writ. The point is so lacking in merit that the *123 court below would have been justified in denying the writ in the absence of the action taken by the state court; but, in the light of that action, there can be no question as to the correctness of the court’s ruling. Brown v. Allen 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469; Goodwin v. Smyth, 4 Cir., 181 F.2d 498. The District Judge properly denied appellant’s application for a certificate of probable cause required by 28 U.S.C. § 2253; and, in the absence of such certificate, there is nothing that we can do but dismiss the appeal.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus by a prisoner serving sentences of imprisonment under judgments of state courts of West Virginia. The facts are fully set forth in the memorandum opinion and order of the District Judge and need not be repeated at length. The question raised by the petition is whether a court of one county of the state could impose a sentence to begin at the expiration of the sentence imposed by the court of another county. The point was presented in a petition for habeas corpus to the Supreme Court of Appeals of West Virginia, which refused the writ. The point is so lacking in merit that the *123 court below would have been justified in denying the writ in the absence of the action taken by the state court; but, in the light of that action, there can be no question as to the correctness of the court’s ruling. Brown v. Allen 344 U.S. 443, 73 S.Ct. 397, 97 L.Ed. 469; Goodwin v. Smyth, 4 Cir., 181 F.2d 498. The District Judge properly denied appellant’s application for a certificate of probable cause required by 28 U.S.C. § 2253; and, in the absence of such certificate, there is nothing that we can do but dismiss the appeal.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

250 F.2d 122, 1957 U.S. App. LEXIS 4125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eugene-e-le-masters-v-e-h-tucker-warden-west-virginia-state-ca4-1957.

Opinion

Related

Cite This Page — Counsel Stack