171 F.2d 132 - Butler v. Clemmer — 171 F.2d 132

How this case has been cited

Cited by 18 later decisions — most recently September 2011

5 federal appellate · 2 district · 8 state decisions

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.

¶1Mr. Richard L. Tedrow, of Washington, D. C., with whom Mr. Myron G. Ehrlich, of Washington, D. C., was on the brief, for appellant.

¶2Mr. Ross O’Donoghue, Assistant United States Attorney, of Washington, D. C., with whom Mr. George Morris Fay, Unit-er States Attorney, Mr. Oliver O. Dibble, Assistant United States Attorney, and Mr. Sidney S. Sachs, Assistant United States Attorney, all of Washington, D. G, were on the brief, for appellee.

¶3Before GRONER, G J., and STEPHENS and PRETTYMAN, Associate Justices.

¶4PER CURIAM.

¶5In 1938 appellant was convicted on six indictments charging assault with intent to kill, assault with a dangerous weapon, and robbery. He entered upon service of his sentence at the D. C. Reformatory at Lorton, Virginia. In July, 1947, last year, he filed a petition for. a writ of habeas corpus, which was granted. Hearing was had, findings made, the writ discharged, and the petition dismissed. The present appeal is from that judgment.

¶6 Upon the authority of McAffee v. Clemmer, - U.S.App.D.C. -, 171 F.2d 131, which in turn is based upon Ahrens v. Clark, 335 U.S. 188, 68 S.Ct. 1443, the judgment of the District Court is affirmed. That court had no jurisdiction to entertain the petition.

¶7Affirmed.