History
  • No items yet
midpage
Genna v. Frazier
24 F.2d 706
5th Cir.
1928
Check Treatment
PER CURIAM.

This is an appeal from an order dismissing a petition for a writ of habeas corpus which complained of the detention of the appellants by virtue of process issued out of a Louisiana state court. The record does n’ot show that there was a certificate of probable cause for the allowance of such appeal, as required by statute. U. S. C. tit. 28, § 466 (28 USCA § 466; Comp. St. § 1293). Under that statute the appeal was not allowable in the absence of such certificate. It follows that the appeal should ■be dismissed. We will add that, if that order had been subject to be reviewed by this court, it seems that it would be subject to be affirmed on the authority of the decision in the case of Dunn v. Lyons, Sheriff (C. C. A.) 23 F.(2d) 14; Id., 48 S. Ct. 305, 72 L. Ed.- (Oct., 1927, term).

The appeal is dismissed.

Case Details

Case Name: Genna v. Frazier
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 6, 1928
Citation: 24 F.2d 706
Docket Number: No. 5259
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.