U.S. Court of Appeals for the First Circuit, 1935

Comerford v. Hogsett

U.S. Court of Appeals for the First Circuit · Decided October 16, 1935

79 F.2d 486; 1935 U.S. App. LEXIS 4158 (Federal Reporter, Second Series)

Counsel

John G. Comerford, pro. se., James J. Bacigalupo, Asst. Atty. Gen. (Paul A. Dever, Atty. Gen., on the brief), for appellee.

Cases that cite this one

3 later published cases cite this decision.

Millslagle v. Olson (8th Cir. 1942)
Schenk v. Plummer (9th Cir. 1940)
Wilson v. Lanagan (1st Cir. 1935)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal to this court from an order of the federal District Court for Massachusetts of December 3,. 1934, dismissing the appellant’s petition for a writ of habeas corpus. It appears that the appellant is confined in the state prison at Charlestown, Mass., serving a sentence, and is there held under process of the state court. The appeal is not accompanied by a certificate of probable cause as now required to give this court jurisdiction to entertain such an appeal. USCA, title 28, § 466 (43 Stat. 940, § 6 (d), Act of March 10, 1908, c. 76 (35 Stat. 40). In this situation the appeal must be dismissed for want of jurisdiction. See Bilik v. Strassheim, 212 U. S. 551, 29 S. Ct. 684, 53 L. Ed. 649; Ex parte Patrick, 212 U. S. 555, 29 S. Ct. 686, 53 L. Ed. 650; In re Graves (C. C. A.) 270 F. 181, 187.

The appeal is dismissed for want of jurisdiction.

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