146 F.2d 17 | D.C. Cir. | 1944
Appellant was convicted, after trial by jury in the District Court, of housebreaking, and judgment was entered sentencing him to imprisonment for a term of two to six years. Thereafter, he filed a petition for a writ of habeas corpus, which was denied by the trial judge. The material allegations of the petition, upon which appellant relies in this Court, are as follows: “Petitioner says that he was seized and deprived of his liberty, personal papers and effects by the Metropolitan Police of Washington, D. C.; held in custody and confined to a cell for a period of more than forty-eight (48) hours without arraignment; that during this time he was denied the services of an attorney; that he was subjected to constant physical and mental pain; that this confinement was done with the intent, purpose or effect of obtaining verbal statements which were instrumental in securing his conviction.” [Italics supplied]
Appellant argues that these allegations, if proven, entitled him to release because in such event he was held prisoner under a judgment rendered in violation of rights guaranteed him by the Constitution. But the argument is without merit. Assuming the petition means that an involuntary confession was actually received in evidence,
Even more important, there is no suggestion that the court was coerced, or that any officer failed properly to perform his duty — from arraignment to commitment —or that appellant was not fully protected as to all his rights by counsel, judge and jury.
Affirmed.
Of. MeNabb v. United States, 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819.
Miller v. Hiatt, 3 Cir., 141 F.2d 690; see also Adams v. United States ex rel.
Pope v. Huff, 73 App.D.C. 170, 117 F.2d 779, certiorari denied Pope v. Curran, 314 U.S. 669, 62 S.Ct. 134, 86 L.Ed. 535, rehearing denied 314 U.S. 713, 62 S.Ct. 299, 86 L.Ed. 568.
Cf. Mooney v. Holohan, 294 U.S. 103, 112, 55 S.Ct. 340, 79 L.Ed. 791, 98 A. L.R. 406; Adams v. United States ex rel. McCann, 317 U.S. 269, 275, 63 S.Ct. 236, 87 L.Ed. 268, 143 A.L.R. 435; Smith v. O’Grady, 312 U.S. 329, 61 S.Ct. 572, 85 L.Ed. 859.
Adams v. United States ex rel. McCann, 317 U.S. 269, 274, 63 S.Ct. 236, 87 L.Ed. 268, 143 A.L.R. 435; Ferguson v. Peake, 57 App.D.C. 124, 18 F.2d 166, and eases cited.
United States v. Mitchell, 322 U.S. 65, 70, 71, 64 S.Ct. 896, 898.
See Hodge v. Huff, 78 U.S.App. 329, 330, 140 F.2d 686, 687, and eases cited.