Spaulding v. Sanford

Fifth Circuit Court of Appeals

Decided May 9, 1944.

Fifth Circuit Court of Appeals · decided 1944-05-09

2 counsel of record

Relies on McNally v. Hill · Bogy v. United States · 16 F. Supp. 407 - United States v. Bogy

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1944-05-09

How this case has been cited

Cited by 32 later decisions — most recently January 1977 · most notably James P. Mitchell, Secretary of Labor, United States Department of Labor v. Hodges Contracting Company and Kenneth B. Hodges (1956), United States v. Board of Education of Greene County (1964)

22 federal appellate · 3 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1John O. Spaulding, in pro. per.

¶2M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

¶3Before -SIBLEY, McCORD, and LEE,. Circuit Judges.

¶4PER CURIAM.

¶5Spaulding in his trial attacked' the sufficiency of each count of the indictment and was overruled, United States v. Spaulding, D.C., 16 F.Supp. 407, and the judgment was affirmed by the Circuit Court of Appeals. Spaulding v. United States, 6 Cir., 96 F.2d 734. The propriety of his conviction and sentence is res judicata. The question of whether service of his-sentence began at once or was suspended! during his appeal is not now for decision' on habeas corpus, since in neither event, would he be entitled presently to release. McNally v. Hill, Warden, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238.

¶6Judgment affirmed.