Spaulding v. Sanford

Fifth Circuit

Spaulding v. Sanford

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

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 9, 1944

DocketNo. 10966

StatusPublished

Cited by4 cases

This text of 142 F.2d 444 (Spaulding 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.

Bluebook

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

Pincite

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.

Cite This Page — Counsel Stack

Bluebook (online)

142 F.2d 444, 1944 U.S. App. LEXIS 3348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spaulding-v-sanford-ca5-1944.

Opinion

Related

Cite This Page — Counsel Stack