Supreme Court of the United States, 1943

Holley v. Lawrence

Supreme Court of the United States · Decided January 18, 1943 · Per Curiam

317 U.S. 518; 63 S. Ct. 394; 87 L. Ed. 434; 1943 U.S. LEXIS 1020 (United States Reports)

Counsel

Mr. Benjamin E. Pierce for appellant.

Cases that cite this one

3 later published cases cite this decision.

Ferguson v. Georgia (Supreme Court of the United States 1961)
Harris v. Stynchcombe (Ga. 1971)
Marvin Roberts v. A. L. Dutton, Warden, Georgia State Prison (5th Cir. 1966)

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

Per Curiam.

The motion for leave to proceed in forma pauperis is granted. The Court has examined all the federal questions raised by appellant. In so far as the appeal challenges the validity of Georgia Code § 38-1604, which makes in-' competent the testimony of a wife at the trial of her husband, the judgment of the court below rests upon a non-federal ground adequate to support it, namely, that the failure to tender such testimony at the trial barred any later claim of the alleged constitutional right (Atlantic Coast Line R. Co. v. Mims, 242 U. S. 532, 535). The Court finds that no other federal question presented by the appeal warrants review by this Court. The appeal is accordingly dismissed.

Dismissed.

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