Legal Opinion

Byars v. Swenson, Warden

Court of Appeals for the Fourth Circuit

Decided November 29, 1951No. 6291_1PublishedCited by 2 opinions

1Per curiam

This is an appeal from an order denying a writ of habeas corpus. Appellant is imprisoned in the Maryland Penitentiary under a sentence imposed by a Maryland state court; and his contention is that the sentence was not authorized by the charge contained in the indictment against him. We think that the contention is without merit; but, aside from this, the action of the District Judge' was unquestionably correct, since the question presented was one of state law which had been raised by petition for habeas corpus in a Maryland state court and decided adversely to appellant there with affirmance…

2Cases cited4 opinions

  1. Sanderlin v. SmythCourt of Appeals for the Fourth Circuit · 1943
  2. Stonebreaker v. SmythCourt of Appeals for the Fourth Circuit · 1947
  3. MacArthur Mining Co. v. Reconstruction Finance Corp.Supreme Court of the United States · 1951
  4. Byars v. Warden of Maryland PenitentiaryCourt of Appeals of Maryland · 1950

3Cited by2 opinions

  1. Brown v. AllenSupreme Court of the United States · 1953
  2. Brown v. AllenSupreme Court of the United States · 1953

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