KENT v. SANFORD

No. 9815.

121 F.2d 216 (1941)

KENT v. SANFORD, Warden.

Circuit Court of Appeals, Fifth Circuit.

June 23, 1941.


Attorney(s) appearing for the Case

Paul Crutchfield, of Atlanta, Ga., for appellant.

Lawrence S. Camp, U. S. Atty., and Harvey H. Tysinger and John J. Flynt, Jr., Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

The appellant was convicted of violating Section 398 of Title 18 of the United States Code, 18 U.S.C.A. § 398. The court below denied his petition for discharge upon a writ of habeas corpus. The question is whether or not the United States District Court which sentenced him lost jurisdiction to proceed with the case because his attorney was absent when the jury returned its verdict and the court imposed its sentence.

The attorney...

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