Legal Opinion

Ernest H. Holmes v. United States

Court of Appeals for the D.C. Circuit

Decided October 13, 1966No. 19519_1PublishedCited by 14 opinions

1Opinion of the Court

J. SKELLY WRIGHT, Circuit Judge.

Appellant was convicted on both counts of an indictment charging housebreaking 1 and grand larceny.2 The only error urged on appeal which gives us some concern is an allegation that appellant was effectively denied a preliminary hearing pursuant to Rule 5, Fed.R.Crim.P., and that he was prejudiced by this denial.

Prior to trial, appellant filed in the District Court a “Motion to Dismiss Indictment or for Alternative Relief,” invoking the doctrine expounded in Blue v. United States, 119 U.S.App.D.C. 315, 342 F.2d 894 (1964), cert. denied, 380 U.S. 944, 85 S.Ct.…

2Cases cited5 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Roosevelt Mitchell v. United StatesCourt of Appeals for the D.C. Circuit · 1958
  3. William D. Blue v. United StatesCourt of Appeals for the D.C. Circuit · 1965
  4. Calvin C. Anderson v. United StatesCourt of Appeals for the D.C. Circuit · 1965
  5. Oscar Dancy, Jr. v. United States of America, (Two Cases)Court of Appeals for the D.C. Circuit · 1966

3Cited by14 opinions

  1. Clifton Gregory v. United StatesCourt of Appeals for the D.C. Circuit · 1966
  2. Lawrence D. Coleman v. The Honorable Arthur L. Burnett, United States Magistrate for the District of ColumbiaCourt of Appeals for the D.C. Circuit · 1973
  3. United States v. Hugh R. Conway, George M. Lebosky, Robert Davidoff, Hugh R. Conway, in No. 17,369, George M. Lebosky, in No. 17,391Court of Appeals for the Third Circuit · 1969
  4. United States v. Thomas Francis King, (Two Cases)Court of Appeals for the D.C. Circuit · 1973
  5. U. S. Ex Rel. Wheeler v. FloodDistrict Court, E.D. New York · 1967

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