BELL

v.

UNITED STATES

Citator

Cited By

• Tilghman v. Hunter, 167 F.2d 661 (10th Cir. 1948)
  …the offense and of the person of the accused, defects or irregularities of that kind in the indictment are not open to review in a habeas corpus proceeding after conviction and sentence. Moses v. Hudspeth, 10 Cir., 129 F. 2d 279, certiorari denied, 317 U.S. 665, 63 S.Ct. 73, 87 L.Ed. 534. The further contention is that the judgment in the criminal case was void for the reason that perjured testimony was knowingly used in bringing about the return of the indictment and in the trial of the case. The convic…
• Dillard v. Bomar, 342 F.2d 789 (6th Cir. 1965)
  …6th, judgment vacated on other grounds, 379 U.S. 358, 85 S.Ct. 441, 13 L.Ed.2d 541. Rulings to the same effect from other circuits are Moore v. Aderhold, 108 F. 2d 729, 731, C.A.10th; McDonald v. Hudspeth, 129 F. 2d 196, 199, C.A.10th; cert. denied, 317 U.S. 665, 63 S.Ct. 75, 87 L.Ed. 535, rehearing denied, 317 U.S. 709, 63 S.Ct. 157, 87 L.Ed. 565; Barber v. United States, 142 F. 2d 805, 807, C.A.4th, cert. denied, 322 U.S. 741, 64 S.Ct. 1054, 88 L.Ed. 1574; Odell v. Burke, 281 F. 2d 782, 786, C.A.7th, cert…
• United States v. Fleming, 504 F.2d 1045 (7th Cir. 1974)
  …74), the court noted that Clermont did not cite Dimenza, and appeared to be an “aberration.” The only other support for permitting multiple subsection (d) offenses and sentences is McDonald v. Hudspeth, 129 F. 2d 196 (10th Cir. 1942), cert. denied, 317 U.S. 665, 63 S.Ct. 75, 87 L.Ed. 535. With little discussion, the court concluded that placing the life of a different person in jeopardy created a separate offense under 12 U.S.C.A. § 588b(b) (§ 2113(d)’s predecessor). The decision in McDonald was cited to t…