Paul v. Waters, Warden

Tenth Circuit

Paul v. Waters, Warden

199 F.2d 26, 1952 U.S. App. LEXIS 3280

Procedural entryThis page is a short order in Paul v. Waters, Warden. Read the opinion of the Court — 204 F.2d 510 →

Court of Appeals for the Tenth Circuit·Decided September 5, 1952·No. 4509·Published

Opinion

PER CURIAM.

This is an appeal from an order discharging a writ of habeas corpus.

At the hearing below the petitioner appeared in person and testified in his own *27 behalf. One other witness appeared in person and testified in behalf of the petitioner, The respondent offered no evidence. The trial court made no general or specific findings of fact. We are of the opinion that this court should not undertake to pass upon the issues presented without the benefit ■of specific findings by the trial court, who, having had an opportunity to observe the witnesses while on the stand and their de.meanor while testifying, is in a much better postition than is this court to judge their credibility.

. , , . . . The cause is remanded, with instructions do vacate the judgment and make specific .findings of fact.

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PER CURIAM.

This is an appeal from an order discharging a writ of habeas corpus.

At the hearing below the petitioner appeared in person and testified in his own *27 behalf. One other witness appeared in person and testified in behalf of the petitioner, The respondent offered no evidence. The trial court made no general or specific findings of fact. We are of the opinion that this court should not undertake to pass upon the issues presented without the benefit ■of specific findings by the trial court, who, having had an opportunity to observe the witnesses while on the stand and their de.meanor while testifying, is in a much better postition than is this court to judge their credibility.

. , , . . . The cause is remanded, with instructions do vacate the judgment and make specific .findings of fact.

Paul v. Waters, Warden, 199 F.2d 26, 1952 U.S. App. LEXIS 3280 (10th Cir. 1952).

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