United States v. Nicholson, 5229
| Decision Date | 17 March 1944 |
| Docket Number | 5233.,No. 5229,5229 |
| Citation | 141 F.2d 689 |
| Parties | UNITED STATES ex rel. LOHRBERG v. NICHOLSON, Warden, et al. UNITED STATES ex rel. FALBO v. KENNEDY, Superintendent, et al. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Hayden C. Covington, of Brooklyn, N. Y. (Horace S. Meldahl, of Charleston, W. Va., Thomas H. Stone, of Richmond, Va., and Roy A. Swayze, of Arlington, Va., on the brief), for appellants.
George R. Humrickhouse, Asst. U. S. Atty., of Richmond, Va. (Sterling Hutcheson, U. S. Atty., of Richmond, Va., on the brief), for appellees Claude O. Nicholson and others.
Herman L. Bennett, Asst. U. S. Atty., of Charleston, W. Va. ( , for appellees M. L. Kennedy and others.
Before PARKER, SOPER, and DOBIE, Circuit Judges.
These are appeals from orders denying writs of habeas corpus. The prisoner in No. 5233 is the Nick Falbo whose conviction of violation of the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 301 et seq., was affirmed by the Supreme Court in Falbo v. United States, 320 U.S. 549, 64 S.Ct. 346. It is clear that the judgment which was there upheld cannot be collaterally attacked on the same grounds by resort to habeas corpus. Falbo is imprisoned, not under the Selective Service Act, but under the judgment of a court. Nothing is shown which would justify the court in ordering the release of the prisoner notwithstanding that judgment. Sanderlin v. Smyth, Cir., 138 F.2d 729. The same principles are applicable in the case of the petitioner Lohrberg.
Affirmed.
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Estep v. United States Smith v. Same
...that after the conviction of the defendant in the Falbo case, his petition for a writ of habeas corpus was denied. United States ex rel. Falbo v. Kennedy, 4 Cir., 141 F.2d 689. And in a like situation habeas corpus was denied in advance of the trial. Albert v. Goguen, 1 Cir., 141 F.2d 302. ......
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United States v. Flakowicz, 172-176.
...a course held illegal in a further hearing of the Falbo case, United States ex rel. Falbo v. Kennedy, and United States ex rel. Lohrberg v. Nicholson, 4 Cir., 141 F.2d 689, certiorari denied 322 U.S. 744, 745, 64 S. Ct. 1154; see also Albert ex rel. Ravin v. Goguen, 1 Cir., 141 F.2d The cas......
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Bagley v. Vice, 10937.
...Appeals for the Fourth Circuit had affirmed the district court's denial of his petition for the writ of habeas corpus, United States ex rel. Falbo v. Kennedy, 141 F.2d 689, and that the Supreme Court had denied Falbo's petition for certiorari 322 U.S. 745, 64 S.Ct. 1154, 88 L.Ed. 1577. Whil......
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United States v. McGinnis
...A fortiori, it cannot be asserted in advance of trial to secure release from custody on such charges. Cf. United States ex rel. Lohrberg v. Nicholson, 4 Cir., 141 F.2d 689. The record in this case shows that appellant attempted to comply with the order of the draft board to the extent neces......