Legal Opinion

Ben A. Johnson v. Victor G. Walker, Warden, Louisiana State Penitentiary, Angola, Louisiana and the State of Louisiana

Court of Appeals for the Fifth Circuit

Decided May 17, 1963No. 19616_1PublishedCited by 45 opinions

1Opinion of the Court

AINSWORTH, District Judge.

This is an appeal from the District Court’s denial of an application for a writ of habeas corpus. We affirm.

On October 23, 1954, a State Court jury found the appellant, Ben A. Johnson, guilty of possessing marijuana in violation of Title 40, Section 962, et seq., LSA-Revised Statutes of Louisiana. Johnson was sentenced to 10 years at hard labor in the Louisiana State Penitentiary. The Louisiana Supreme Court set aside the conviction and sentence, and the case was remanded for a new trial, State v. Johnson, 228 La. 317, 82 So.2d 24 (1955). On rehearing the prior…

2Cases cited8 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Irvin v. DowdSupreme Court of the United States · 1959
  4. State v. JohnsonSupreme Court of Louisiana · 1955
  5. Johnson v. WalkerDistrict Court, E.D. Louisiana · 1961

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3Cited by45 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
  3. Hancock v. AveryDistrict Court, M.D. Tennessee · 1969
  4. Preiser v. RodriguezSupreme Court of the United States · 1973
  5. Charles Donald Murphy v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1969

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