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.