Spaulding v. Sanford

Fifth Circuit

Spaulding v. Sanford

142 F.2d 444, 1944 U.S. App. LEXIS 3348

Court of Appeals for the Fifth Circuit·Decided May 9, 1944·No. No. 10966·Published·Cited by 4 cases

Opinion

PER CURIAM.

Spaulding in his trial attacked' the sufficiency of each count of the indictment and was overruled, United States v. Spaulding, D.C., 16 F.Supp. 407, and the judgment was affirmed by the Circuit Court of Appeals. Spaulding v. United States, 6 Cir., 96 F.2d 734. The propriety of his conviction and sentence is res judicata. The question of whether service of his-sentence began at once or was suspended! during his appeal is not now for decision' on habeas corpus, since in neither event, would he be entitled presently to release. McNally v. Hill, Warden, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238.

Judgment affirmed.

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

PER CURIAM.

Spaulding in his trial attacked' the sufficiency of each count of the indictment and was overruled, United States v. Spaulding, D.C., 16 F.Supp. 407, and the judgment was affirmed by the Circuit Court of Appeals. Spaulding v. United States, 6 Cir., 96 F.2d 734. The propriety of his conviction and sentence is res judicata. The question of whether service of his-sentence began at once or was suspended! during his appeal is not now for decision' on habeas corpus, since in neither event, would he be entitled presently to release. McNally v. Hill, Warden, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238.

Judgment affirmed.

Spaulding v. Sanford, 142 F.2d 444, 1944 U.S. App. LEXIS 3348 (5th Cir. 1944).

Pincite

142 F.2d 444 (Spaulding v. Sanford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related