Legal Opinion
Wilbur Horne v. United States
Court of Appeals for the Fifth Circuit
Decided February 26, 1959No. 17487PublishedCited by 40 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
This is an appeal from a denial of a Section 2255 application. 28 U.S.C.A. The ground for relief, urged below and here, was that appellant had been convicted by a jury of 11, with neither waiver in writing as F.R.Cr.P. 23(b), 18 U.S.C.A., requires, nor by him personally. The conviction was for armed bank robbery under 18 U.S.C.A. § 2113(a) and (c) with consecutive sentences aggregating 25 years.
A hearing on the application was held and from testimony of the petitioner, his former trial counsel, the official court reporter, and the United States Attorney, it…
2Cases cited8 opinions
- Patton v. United StatesSupreme Court of the United States · 1930
- Joseph Morris Kennedy v. United StatesCourt of Appeals for the Fifth Circuit · 1958
- George E. Floyd v. United StatesCourt of Appeals for the Fifth Circuit · 1958
- Richard Edward Gray v. O. B. Ellis, General Manager, Texas Prison SystemCourt of Appeals for the Fifth Circuit · 1958
- Thomas Nelson Arthur v. United StatesCourt of Appeals for the Fifth Circuit · 1956
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- John Richard Bayless v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- United States v. Kishor Joshi, Jitendra Panchal, Jagadish PanchalCourt of Appeals for the Eleventh Circuit · 1990
- United States v. Stanley Spiegel, Allen E. Perkins and Allan HollowayCourt of Appeals for the Fifth Circuit · 1979
- United States v. James v. PacenteCourt of Appeals for the Seventh Circuit · 1974
- Donald Croom Beatty, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1967
35 more not listed; retrieve them via the Exa API.