Lucas v. Sanford

Fifth Circuit

Lucas v. Sanford

145 F.2d 229, 1944 U.S. App. LEXIS 2446

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 20, 1944

DocketNo. 11030

StatusPublished

Cited by4 cases

This text of 145 F.2d 229 (Lucas v. Sanford) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lucas v. Sanford, 145 F.2d 229, 1944 U.S. App. LEXIS 2446 (5th Cir. 1944).

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Opinion

PER CURIAM.

On habeas corpus appellant made numerous complaints of the trials pursuant to which he received sentences. They all relate to matters which, if not done according to law, ought to have been corrected by appeal. They did not deprive the court of jurisdiction to try and sentence. It still is the law that the sentence of a court having jurisdiction of the offender and the offense is in general final and conclusive after the time for appeal expires.

The one novel contention is that appellant was a soldier in the army and could not in July, 1943, be tried by the civil courts. The army made no objection, and he was discharged from the army the following month. A soldier away from the army camp who commits crimes against the laws of the State or nation may he tried therefor in the courts of the latter where the military authorities do not demand the culprit, even in time of war. Caldwell v. Parker, Sheriff, 252 U.S. 376, 40 S.Ct. 388, 64 L.Ed. 621.

We find no error, and the judgment discharging the writ is affirmed.

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PER CURIAM.

On habeas corpus appellant made numerous complaints of the trials pursuant to which he received sentences. They all relate to matters which, if not done according to law, ought to have been corrected by appeal. They did not deprive the court of jurisdiction to try and sentence. It still is the law that the sentence of a court having jurisdiction of the offender and the offense is in general final and conclusive after the time for appeal expires.

The one novel contention is that appellant was a soldier in the army and could not in July, 1943, be tried by the civil courts. The army made no objection, and he was discharged from the army the following month. A soldier away from the army camp who commits crimes against the laws of the State or nation may he tried therefor in the courts of the latter where the military authorities do not demand the culprit, even in time of war. Caldwell v. Parker, Sheriff, 252 U.S. 376, 40 S.Ct. 388, 64 L.Ed. 621.

We find no error, and the judgment discharging the writ is affirmed.

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145 F.2d 229, 1944 U.S. App. LEXIS 2446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-sanford-ca5-1944.

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