Tann v. Smyth

Fourth Circuit

Tann v. Smyth

182 F.2d 939, 1950 U.S. App. LEXIS 2884

Court of Appeals for the Fourth Circuit·Decided June 14, 1950·No. 6108_1·Published·Cited by 4 cases

Opinion

PER CURIAM.

This is an appeal from the denial of the writ of habeas corpus to a prisoner held in custody under the judgment of a court of the state of Virginia. It does not appear that appellant has any merit in his petition or that he has exhausted his remedies under state law as required by 28 U.S. C.A. § 2254. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587. The order of the court below would be affirmed, therefore, if the appeal were properly before us. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253 and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

Appeal dismissed.

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PER CURIAM.

This is an appeal from the denial of the writ of habeas corpus to a prisoner held in custody under the judgment of a court of the state of Virginia. It does not appear that appellant has any merit in his petition or that he has exhausted his remedies under state law as required by 28 U.S. C.A. § 2254. Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587. The order of the court below would be affirmed, therefore, if the appeal were properly before us. It is not properly before us, however, because not supported by a certificate of probable cause as required by 28 U.S.C.A. § 2253 and must accordingly be dismissed. Bernard v. Brady, 4 Cir., 164 F.2d 881.

Appeal dismissed.

Tann v. Smyth, 182 F.2d 939, 1950 U.S. App. LEXIS 2884 (4th Cir. 1950).

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Opinion

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