208 F.1d 678 - Blake v. Moyer — 208 F. 678

How this case has been cited

Cited by 9 later decisions — most recently May 1944

6 federal appellate · 2 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.

¶1Habeas Corpus (§ 30*) — Defects and Errors — Sentence in Gross.

¶2Where a defendant, convicted on two counts of an indictment charging, separate offenses of the same kind, was given a sentence in gross for a term of imprisonment not exceeding the sum of the terms which might have been imposed under the counts seiiarately, the sentence, although it may be irregular, is not a nullity, and the defendant cannot be discharged on habeas corpus.

¶3[Ed. Note. — For other cases, see Habeas Corpus, Cent. Dig. § 25; Dec. Dig. § 30.*]

¶4Appeal from the District Court of the United States for the Northern District of Georgia; Wm. T. Newman, Judge.

¶5. 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.

¶6Affirmed.

¶7For opinion below, see 206 Fed. 559. See, also, 206 Fed. 555.

¶8Lamar Hill, of Atlanta, Ga., for appellant.

¶9F. C. Tate, U. S. Atty., and J. W. Henley, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

¶10Before PARDEE and SPIELBY, Circuit Judges, and FOSTER, District Judge.

¶12PER CURIAM.

¶13We concur with Judge Newman in his opinion, found in the record of this case, 206 Fed. 555.

¶14The decree appealed from is affirmed.