Opinion
No. 4914.
October 19, 1926.
Appeal from the District Court of the United States for the Northern District of Georgia; Samuel H. Sibley, Judge.
Habeas corpus by Edward Van Meter against John W. Snook, Warden of the United States Penitentiary, Atlanta, Ga. From an order denying a discharge, petitioner appeals. Affirmed.
Edward Van Meter, in pro. per.
J.W. Henley, Asst. U.S. Atty., of Atlanta, Ga., for appellee.
Before WALKER, BRYAN, and FOSTER, Circuit Judges.
This is an appeal from an order denying a discharge under a writ of habeas corpus. The attack on the judgment of conviction under which appellant was held was based on the action of the trial court in overruling a plea of former conviction; that court's jurisdiction of the offense charged and of the appellant not being impeached.
The ground of attack on the judgment being a mere asserted error of the trial court in ruling on a matter set up as a defense, that action of the trial court is not subject to be reviewed on habeas corpus. Ex parte Bigelow, 113 U.S. 328, 5 S. Ct. 542, 28 L. Ed. 1005; In re Eckart, Petitioner, 166 U.S. 481, 17 S. Ct. 638, 41 L. Ed. 1085; 29 C.J. 45. If the attacked ruling was erroneous, the error did not have the effect of rendering the judgment of conviction a nullity.
The order is affirmed.