House v. Mayo

U.S. Court of Appeals for the Fifth Circuit
House v. Mayo, 147 F.2d 606 (5th Cir. 1944)
1944 U.S. App. LEXIS 2387

House v. Mayo

Opinion of the Court

PER CURIAM.

The petition is for leave to appeal as a poor person under Sec. 832, Title 28 U.S.C.A. The appeal is from a “final decision by a court of the United States in a proceeding in habeas corpus where the detention complained of is by virtue of process issued out of a State court”. Under the provisions of Sec. 466, Title 28 U.S.C.A., a certificate of probable cause is a jurisdictional prerequisite to such an appeal. Millslagle v. Olson, 8 Cir., 130 F. 2d 212; Genna v. Frazier, 5 Cir., 24 F.2d 706. Plaintiff does not present such certificate, but, on the contrary, there appears in the record a finding and order of the district judge that no probable cause exists. The petition is denied.

Reference

Full Case Name
HOUSE v. MAYO
Cited By
4 cases
Status
Published