Legal Opinion

Erwin v. Sanford

District Court, N.D. Georgia

Decided June 9, 1939No. 1500PublishedCited by 12 opinions

1Opinion of the Court

UNDERWOOD, District Judge.

The petition in this case presents three grounds for a writ of habeas corpus. First it is alleged that the indictment does not set out a Federal offense. There is no merit iñ this ground. Aderhold v. Hugart, 5 Cir., 67 F.2d 247, certiorari denied 291 U.S. 676, 54 S.Ct. 528, 78 L.Ed. 1065.

The second ground for the writ alleges that the plea of guilty entered by petitioner was coerced. From the evidence in, this case, I find that the plea was not coerced but was freely and voluntarily made.

The third ground alleges that petitioner was denied his constitutional right of…

2Cases cited2 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Aderhold v. HugartCourt of Appeals for the Fifth Circuit · 1933

3Cited by12 opinions

  1. Evans v. RivesCourt of Appeals for the D.C. Circuit · 1942
  2. Stonebreaker v. SmythSupreme Court of Virginia · 1948
  3. Cundiff v. NicholsonCourt of Appeals for the Fourth Circuit · 1939
  4. Wilkinson v. YouellSupreme Court of Virginia · 1942
  5. Duggan v. OlsonNebraska Supreme Court · 1945

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