Legal Opinion

United States ex rel. Buchalter v. Warden of Sing Sing Prison

Court of Appeals for the Second Circuit

Decided March 2, 1944No. 319PublishedCited by 13 opinions

1Opinion of the Court

L. HAND, Circuit Judge.

The relator appeals from an order of the district court refusing to issue a writ of habeas corpus to review his detention under the sentence of a state court of electrocution for murder. He had been convicted in a federal court of a federal crime, and was in custody in execution of its sentence. Being indicted for murder in the state court, the Attorney General of the United States brought him, still in the Attorney General’s custody, to the state court for trial. He was convicted, the Court of Appeals of New York has affirmed the conviction, 289 N.Y. 181, 45 N.E.2d…

2Cases cited4 opinions

  1. Ponzi v. FessendenSupreme Court of the United States · 1922
  2. Buchalter v. New YorkSupreme Court of the United States · 1943
  3. People v. BuchalterNew York Court of Appeals · 1942
  4. Chapman v. ScottCourt of Appeals for the Second Circuit · 1926

3Cited by13 opinions

  1. Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
  2. In Re RobertsCalifornia Supreme Court · 1953
  3. Walter Leroy Moody, Jr. v. Warden Holman CFCourt of Appeals for the Eleventh Circuit · 2018
  4. United States of America Ex Rel. Francis Spellman, Jr. v. Glenn MurphyCourt of Appeals for the Seventh Circuit · 1954
  5. Ex parte RockwellDistrict Court, M.D. Pennsylvania · 1948

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