Blake v. Moyer

Decision Date29 October 1913
Docket Number2,543.
Citation208 F. 678
PartiesBLAKE v. MOYER, Warden.
CourtU.S. Court of Appeals — Fifth Circuit

Appeal from the District Court of the United States for the Northern District of Georgia; Wm. T. Newman, Judge.

Proceeding by Edward F. Blake for writ of habeas corpus for his discharge from the custody of William H. Moyer, Warden of the United States Penitentiary at Atlanta, Ga. Writ denied, and petitioner appeals. Affirmed.

For opinion below, see 206 F. 559. See, also, 206 F. 555.

Lamar Hill, of Atlanta, Ga., for appellant.

F. C. Tate, U.S. Atty., and J. W. Henley, Asst. U.S. Atty., both of Atlanta, Ga., for appellee.

Before PARDEE and SHELBY, Circuit Judges, and FOSTER, District Judge.

PER CURIAM.

We concur with Judge Newman in his opinion, found in the record of this case, 206 F. 555.

The decree appealed from is affirmed.

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11 cases
  • Buie v. King, 304.
    • United States
    • U.S. District Court — Western District of Missouri
    • September 29, 1942
    ...v. United States, 8 Cir., 198 F. 610; Brinkman v. Morgan, 8 Cir., 253 F. 553; Howard v. Moyer, Warden, D.C.Ga., 206 F. 555; Blake v. Moyer, 5 Cir., 208 F. 678; Fredericks v. Shook, 5 Cir., 8 F.2d Of course the generally accepted rule that sentences upon several counts of the same indictment......
  • Buie v. King, 12520.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • August 2, 1943
    ...v. United States, 8 Cir., 198 F. 610; Brinkman v. Morgan, 8 Cir., 253 F. 553; Howard v. Moyer, Warden, D. C. Ga., 206 F. 555; Blake v. Moyer, 5 Cir., 208 F. 678; Fredericks v. Snook, 5 Cir., 8 F.2d "Of course the generally accepted rule that sentences upon several counts of the same indictm......
  • Ex parte Klugh
    • United States
    • South Carolina Supreme Court
    • July 15, 1925
    ...as we think, correctly decided in the cases of Howard v. Moyer (D. C.) 206 F. 555; Blake v. Moyer (D. C.) 206 F. 559, and Blake v. Moyer, 208 F. 678, 125 C. C. A. 576. In those cases it appeared that Howard and Blake were each convicted on two counts of an indictment charging separate offen......
  • Ex parte Rice
    • United States
    • U.S. District Court — Northern District of California
    • May 27, 1925
    ...for 10 years and a fine of $2,000, it is not for that reason a nullity." This case was affirmed by the Circuit Court of Appeals in 208 F. 678, 125 C. C. A. 576, by the adoption of Judge Newman's opinion in toto. The leading case on that subject is an opinion by Chief Justice Marshall in Ex ......
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