DECATUR v. HIATT

No. 13132.

184 F.2d 719 (1950)

DECATUR v. HIATT.

United States Court of Appeals Fifth Circuit.

October 20, 1950.


Attorney(s) appearing for the Case

Oliver Lee Decatur, in pro. per.

J. Ellis Mundy, U. S. Atty., Harvey H. Tsinger, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.


PER CURIAM.

In his petition for habeas corpus for release from confinement, appellant alleged that he had applied by motion for relief under Sec. 2255, 28 U.S.C.A., but he did not show that he had prosecuted the motion with effect. Neither did he show that such remedy by motion was "inadequate or ineffective to test the legality of his detention". Notwithstanding this failure and the fact that the record showed that the motion under Sec. 2255 had been denied, the...

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