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85 F.2d 313

Docket No. 1457.

Woods v. Zerbst

Tenth Circuit Court of Appeals

Decided July 28, 1936.

Tenth Circuit Court of Appeals · decided 1936-07-28

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1936-07-28

How this case has been cited

Cited by 11 later decisions (1 by the Supreme Court) — most recently February 2016

5 federal appellate · 3 state decisions

30193619401950196019701980199020002010decided

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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¶1Before LEWIS and McDERMOTT, Circuit Judges.

¶2PER CURIAM.

¶3Action in habeas corpus. The motion to proceed in forma pauperis is denied. The record discloses that the sole challenge to the judgment of the court is that a fine was not assessed in addition to the penitentiary sentence. If the writ were granted, the appellant would, under the decisions, be remanded to the trial court for the purpose of assessing a fine, there to be returned to the penitentiary to complete the sentence. The function of habeas corpus is to release from unlawful imprisonment and not to correct immaterial flaws in judgments which do not prejudice the petitioner.

¶4The appeal is dismissed.

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