Opinion · Court of Appeals for the Fifth Circuit
Pierce v. United States
157 F.2d 848
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1946-11-06
- Topic
- bankruptcy
HUTCHESON, Circuit Judge. Petitioner seeks by an extraordinary motion in the nature of a writ of error coram nobis to obtain relief from a judgment which was affirmed here.1 Following the practice approved in Strang v. United States, 5 Cir., 53 F.2d 820, Young v. United States, 5 Cir., 138 F.2d 838, Reid v. United States, 5 Cir., 149 F.2d 334, and Garrison v.
Citator
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- Authority status
- pending
- Cited by
- 6 opinions
PIERCE v. UNITED STATES,157 F.2d 848(5th Cir. 1946)
PIERCE v. UNITED STATES.
No. 11746.
Circuit Court of Appeals, Fifth Circuit.
November 6, 1946.
Application denied.
Green B. Everitt, Asst. U.S. Atty., of Savannah, Ga., for respondent.
Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.
If, therefore, the petition alleged facts which, if true, would show such a denial of due process as to invalidate the trial, we ought to, and would, grant the relief prayed.2Consisting, however, merely of allegations in effect that errors were committed and that false and perjured testimony was received, the petition presents nothing more than an effort to retry the case.
Mooney v. Holohan,294 U.S. 103,55 S. Ct. 340,79 L.Ed. 791, 98 A.L.R. 406 and Garrison v. United States, 5 Cir.,154 F.2d 106, upon which petitioner relies, are not authorities for, indeed they are authorities against, granting the leave he seeks, and his petition will be denied.Page 849Page 851
- 5 Cir.,146 F.2d 84, certiorari denied324 U.S. 873,65 S.Ct. 1011,89 L.Ed. 1427. ↩
- Garrison v. United States, 5 Cir.,154 F.2d 106; United States v. Steese, 3 Cir.,144 F.2d 439; Barber v. United States, 4 Cir.,142 F.2d 804. ↩