BELL v. UNITED STATES

No. 10220.

129 F.2d 290 (1942)

BELL v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

July 6, 1942.


Attorney(s) appearing for the Case

George Merritt Rogers, of Birmingham, Ala., for appellant.

Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

This is another of the many post mortems stemming from the broad language used in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461, and supported only by the prisoner's word. It is not, however, a habeas corpus, but a prisoner in Alcatraz Penitentiary applies to the trial court in Alabama to treat as void his trial and conviction five years ago. The petition states that it is not petitioner's aim...

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