VAN METER v. SNOOK, Warden, etc.

VAN METER v. SNOOK, Warden, etc. (Circuit Court of Appeals, Fifth Circuit. October 19, 1926.) No. 4914. 1. Habeas corpus <@=30(t). Alleged error of trial court in ruling on matter set up as defense is not subject to review on habeas corpus. 2. Habeas corpus <@=>30(l). If trial court’s ruling on matter set up as defense is erroneous, error will not render judgment of conviction a nullity as regards right to discharge on habeas corpus. - - - 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. [MAJORITY — PER CURIAM.] PER CURIAM. 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; 2-9 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.