U.S. Court of Appeals for the Fifth Circuit, 1947

Telfian v. Sanford

U.S. Court of Appeals for the Fifth Circuit · Decided May 16, 1947

161 F.2d 556; 1947 U.S. App. LEXIS 2793 (Federal Reporter, Second Series)

Counsel

Charles Telfian, in pro. per., J. Ellis Mundy, U. S. Atty., Joel B. Mallet and F. Douglas King, Asst. U. S. Atty., all of Atlanta, Ga., for appellee.

Cases that cite this one

9 later published cases cite this decision.

United States Ex Rel. Smith v. Reincke (United States District Court for the District of Connecticut 1965)
Smith v. State of Texas (District Court, S.D. Texas 1963)
In re Thompson (District Court, D. New Jersey 1961)
William A. Neigut v. Joseph O. Kearney, Warden, Federal Correctional Institution, Texarkana, Texas (5th Cir. 1955)
United States ex rel. Borday v. Claudy (District Court, M.D. Pennsylvania 1952)
Lacewell v. Hiatt (5th Cir. 1949)
Singleton v. Hiatt (5th Cir. 1949)
Davis v. Hiatt (5th Cir. 1949)
Exkano v. Sanford (5th Cir. 1948)

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.

The record leaves in no doubt that appellant’s petition attacks the judgment under which he was convicted and is serving sentence not upon jurisdictional grounds but upon the ground that the evidence upon which it was rendered did not support it. A writ of habeas corpus cannot try the sufficiency of the evidence to support a judgment of conviction. The district judge was right in dismissing the application. His judgment is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.