From Casetext: Smarter Legal Research

Telfian v. Sanford

Circuit Court of Appeals, Fifth Circuit
Jun 9, 1947
161 F.2d 556 (5th Cir. 1947)

Opinion

No. 11960.

May 16, 1947. Rehearing Denied June 9, 1947.

Appeal from the District Court of the United States for the Northern District of Georgia; Robert L. Russell, Judge.

Habeas corpus proceedings by Charles Telfian against Joseph W. Sanford, Warden, United States Penitentiary, Atlanta, Ga. From an adverse judgment, petitioner appeals.

Affirmed.

Charles Telfian, in pro. per.

J. Ellis Mundy, U.S. Atty., Joel B. Mallet and F. Douglas King, Asst. U.S. Atty., all of Atlanta, Ga., for appellee.

Before HUTCHENSON, McCORD, and WALLER, Circuit Judges.


The record leaves in no doubt that appellant's petition attacks the judgment under which he was convicted and is serving sentence not upon jurisdictional grounds but upon the ground that the evidence upon which it was rendered did not support it. A writ of habeas corpus cannot try the sufficiency of the evidence to support a judgment of conviction. The district judge was right in dismissing the application. His judgment is affirmed.


Summaries of

Telfian v. Sanford

Circuit Court of Appeals, Fifth Circuit
Jun 9, 1947
161 F.2d 556 (5th Cir. 1947)
Case details for

Telfian v. Sanford

Case Details

Full title:TELFIAN v. SANFORD

Court:Circuit Court of Appeals, Fifth Circuit

Date published: Jun 9, 1947

Citations

161 F.2d 556 (5th Cir. 1947)

Citing Cases

United States v. Reincke

Thompson v. City of Louisville, 362 U.S. 199, 80 S.Ct. 624, 4 L.Ed.2d 654 (1960); Garner v. State of…

United States ex Rel. Borday v. Claudy

Mooney v. Holohan, Warden, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791; Kowalak v. Frisbie, D.C.E.D.Mich., 93 F.…