U.S. Court of Appeals for the Fifth Circuit, 1944

Spaulding v. Sanford

U.S. Court of Appeals for the Fifth Circuit · Decided May 9, 1944 · Lee, McCord, Sibley

142 F.2d 444; 1944 U.S. App. LEXIS 3348 (Federal Reporter, Second Series)

Counsel

John O. Spaulding, in pro. per., M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Cases that cite this one

4 later published cases cite this decision.

Sessions v. Manning (District Court, E.D. South Carolina 1956)
United States v. Walker (District Court, S.D. New York 1952)
Velazquez v. Hunter (10th Cir. 1947)
Spaulding v. United States (6th Cir. 1946)

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.

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.

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