Montalvo v. Hiatt

Fifth Circuit

Montalvo v. Hiatt

174 F.2d 645, 1949 U.S. App. LEXIS 2259

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 30, 1949

DocketNo. 12698

StatusPublished

Cited by5 cases

This text of 174 F.2d 645 (Montalvo v. Hiatt) 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.

Bluebook

Montalvo v. Hiatt, 174 F.2d 645, 1949 U.S. App. LEXIS 2259 (5th Cir. 1949).

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Opinion

PER CURIAM.

Applicant, imprisoned under a sentence of a general court-martial, was produced under a writ of habeas corpus and his contentions fully heard. The court-martial record shows a duly constituted court, a trial under a charge of murder, a conviction, a sentence to life imprisonment, reduced to twenty-seven years. The main contention is that the evidence did not show premeditation and the charge ought to have been manslaughter. Another contention is that accused wished to have a counsel who could speak Spanish to defend him. There was a sworn Spanish interpreter. The court-martial record shows no request for another counsel. The sufficiency of the -evidence to sustain 'the charge was the question for the court-martial and its reviewing authorities. A civil court on habeas corpus can concern itself only with the legal organization of the court, and its jurisdiction over the accused and over the crime charged, and whether due process of law was afforded. None of-these appears to have been lacking. The writ of habeas corpus was properly discharged.

Affirmed.

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PER CURIAM.

Applicant, imprisoned under a sentence of a general court-martial, was produced under a writ of habeas corpus and his contentions fully heard. The court-martial record shows a duly constituted court, a trial under a charge of murder, a conviction, a sentence to life imprisonment, reduced to twenty-seven years. The main contention is that the evidence did not show premeditation and the charge ought to have been manslaughter. Another contention is that accused wished to have a counsel who could speak Spanish to defend him. There was a sworn Spanish interpreter. The court-martial record shows no request for another counsel. The sufficiency of the -evidence to sustain 'the charge was the question for the court-martial and its reviewing authorities. A civil court on habeas corpus can concern itself only with the legal organization of the court, and its jurisdiction over the accused and over the crime charged, and whether due process of law was afforded. None of-these appears to have been lacking. The writ of habeas corpus was properly discharged.

Affirmed.

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174 F.2d 645, 1949 U.S. App. LEXIS 2259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montalvo-v-hiatt-ca5-1949.

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