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Byars v. Swenson, Warden

Byars v. Swenson, 192 F.2d 739 (4th Cir. 1951)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
November 29, 1951
Docket
No. 6291_1
Judges
Parker, Soper, Moore
Citations
192 F.2d 739

Opinion — Per Curiam

PER CURIAM.

This is an appeal from an order denying a writ of habeas corpus. Appellant is imprisoned in the Maryland Penitentiary under a sentence imposed by a Maryland state court; and his contention is that the sentence was not authorized by the charge contained in the indictment against him. We think that the contention is without merit; but, aside from this, the action of the District Judge' was unquestionably correct, since the question presented was one of state law which had been raised by petition for habeas corpus in a Maryland state court and decided adversely to appellant there with affirmance by the Court of Appeals of Maryland, and denial of certiorari by the Supreme Court of the United States. Byars v. Warden of the Maryland Penitentiary, Md.

77

A.2d 18 , certiorari denied 340 U.S. 944 , 71 S.Ct. 503 , 95 L.Ed. 681 . Under such circumstances, the District Judge properly refused to issue the writ. Sanderlin v. Smyth, 4 Cir., 138 F.2d 729 ; Stonebreaker v. Smyth, 4 Cir., 163 F.2d 498 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1953: 119532026peak 1953 · 1

Relies on it most ⓘ

  1. Brown v. Allen344 U.S. 443 (1953)

Most recent

  1. Brown v. Allen344 U.S. 443 (1953)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Sanderlin v. Smyth, 138 F.2d 729 (4th Cir. 1943) 46
Stonebreaker v. Smyth, 163 F.2d 498 (4th Cir. 1947) 31
MacArthur Mining Co. v. Reconstruction Fin. Corp., 340 U.S. 943 (1951) 22
Byars v. Warden of Md. Penitentiary, 77 A.2d 18 (Md. 1950) 2

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