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Charles Howard v. United States

Charles HOWARD, Appellant, v. UNITED STATES of America, Appellee

Howard v. United States, 237 F.2d 216 (D.C. Cir. 1956)
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Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
September 20, 1956
Docket
No. 13151_1
Judges
Miller, Bazelon, Fahy
Citations
237 F.2d 21699 U.S. App. D.C. 621956 U.S. App. LEXIS 2882

Opinion — Per Curiam

PER CURIAM.

Indicted for murder in the first degree, Charles Howard was found guilty of manslaughter. He was sentenced to imprisonment for from five to fifteen years and did not appeal. A year later, Howard moved to vacate sentence under 28 U.S.C. § 2255 , and appeals from the District Court’s denial of his motion.

The trial judge-held the proof failed to how first degree murder and instruct *217 ed only on murder in the second degree and manslaughter. Howard says that in doing so the court amended the indictment; that if not found guilty of first degree murder, he should have been acquitted. Thus he seems to argue the court erred in not directing a verdict of acquittal instead of instructing on lesser included offenses.

The point is not well taken, even if it could be raised under § 2255.

Affirmed.

How later courts describe this case

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

1983: 11999: 12001: 22004: 119832026peak 2001 · 2

Relies on it most ⓘ

  1. State v. Morris331 N.W.2d 48 (N.D. 1983)
  2. State v. Shaw880 So. 2d 296 (Miss. 2004)
  3. Skrivanek v. State739 A.2d 12 (Md. 1999)
  4. State of Mississippi v. Tommy Dean ShawNo. 2001-KA-01854-SCT (Miss. Nov. 8, 2001)
  5. State of Mississippi v. Tommy Dean ShawNo. 2001-KA-01854-SCT (Miss. Nov. 8, 2001)

Most recent

  1. State v. Shaw880 So. 2d 296 (Miss. 2004)
  2. State of Mississippi v. Tommy Dean ShawNo. 2001-KA-01854-SCT (Miss. Nov. 8, 2001)
  3. State of Mississippi v. Tommy Dean ShawNo. 2001-KA-01854-SCT (Miss. Nov. 8, 2001)
  4. Skrivanek v. State739 A.2d 12 (Md. 1999)
  5. State v. Morris331 N.W.2d 48 (N.D. 1983)

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 0

No citations to other opinions in this database were found.

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