Opinion · Court of Appeals for the Fifth Circuit

Massey v. Moore

Massey v. Moore, 173 F.2d 980 (5th Cir. 1949)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1949-05-09
Topic
general

PER CURIAM. By his application for writ of habeas corpus below, appellant; a person in custody pursuant to the judgment of the State Court, sought release from the Warden of the Texas State Penitentiary. His application denied, petitioner has appealed. A careful examination of the petition and the record in the light of the applicable statutes1 and the decision heretofore rendered in the State Court,2 discloses no error in the proceedings below. The judgment was right.

Citator

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Cited by
4 opinions
MASSEY v. MOORE,173 F.2d 980(5th Cir. 1949)
O'Neal MASSEY, Appellant, v. H.E. MOORE, Warden of Texas State
Penitentiary, Appellee.
No. 12587.
United States Court of Appeals, Fifth Circuit.
May 9, 1949.
Rehearing Denied June 1, 1949.
Appeal from the United States District Court for the Southern District of Texas; Thomas M. Kennerly, Judge.
O'Neal Massey, of Huntsville, Tex., in pro. per., for appellant.

Willis E. Gresham, Asst. Atty. Gen. of Texas, for appellee.
Before HUTCHESON, SIBLEY, and WALLER, Circuit Judges.
PER CURIAM.
By his application for writ of habeas corpus below, appellant, a person in custody pursuant to the judgment of the State Court, sought release from the Warden of the Texas State Penitentiary. His application denied, petitioner has appealed.

A careful examination of the petition and the record in the light of the applicable statutes1and the decision heretofore rendered in the State Court,2discloses no error in the proceedings below.

The judgment was right. It is affirmed.Page 981Page 16
  1. Chapter 153, Title 28 U.S.C.A., effective Sept. 1, 1948, particularly Secs. 2242, 2244, and 2254. ↩
  2. Ex parte Massey, 149 Tex.Cr.App. 172,191 S.W.2d 877, certiorari denied Massey v. Texas,329 U.S. 674,67 S.Ct. 109,91 L.Ed. 595. ↩