CUSTOM BUILT HOMES CO., INC.,
v.
KANSAS STATE COMMISSION OF REVENUE AND TAXATION; PHILLIPS V. TEXAS; CROOKHAM V. NEW YORK CENTRAL RAILROAD CO.; BIRNEL V. TOWN OF FIRCREST; SAN SOUCIE ET AL. V. LETTS, U. S. DISTRICT JUDGE; UNITED STATES EX REL. TIE SING ENG V. ESPERDY, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE; KEAHEY V. TEXAS; ANDERSON, ADMINISTRATRIX, V. ATLANTIC COAST LINE RAILROAD CO.; MISSOURI PACIFIC RAILROAD CO. V. DEERING, REGISTER OF DEEDS, ET AL.; HOYLAND V. UNITED STATES; EARNSHAW V. UNITED STATES; PATTERSON V. VIRGINIA ELECTRIC & POWER CO.; ANDERSON V. CALIFORNIA ET AL.
CUSTOM BUILT HOMES CO., INC.,
KANSAS STATE COMMISSION OF REVENUE AND TAXATION; PHILLIPS V. TEXAS; CROOKHAM V. NEW YORK CENTRAL RAILROAD CO.; BIRNEL V. TOWN OF FIRCREST; SAN SOUCIE ET AL. V. LETTS, U. S. DISTRICT JUDGE; UNITED STATES EX REL. TIE SING ENG V. ESPERDY, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE; KEAHEY V. TEXAS; ANDERSON, ADMINISTRATRIX, V. ATLANTIC COAST LINE RAILROAD CO.; MISSOURI PACIFIC RAILROAD CO. V. DEERING, REGISTER OF DEEDS, ET AL.; HOYLAND V. UNITED STATES; EARNSHAW V. UNITED STATES; PATTERSON V. VIRGINIA ELECTRIC & POWER CO.; ANDERSON V. CALIFORNIA ET AL.
361 U.S. 904
Supreme Court of the United States (1959)
Caution
Cited by 6 cases
Opinion
Full opinion text not available for this case.
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Citator
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Ferina v. United States, 340 F.2d 837 (8th Cir. 1965)…28 F. 2d 582 (6th Cir. 1964). This waiver may be an expressed, voluntary relinquishment of the right by plea of guilty; United States v. Hoyland, 264 F. 2d 346 (7th Cir. 1959), cert. denied 361 U.S. 845, 80 S.Ct. 98, 4 L.Ed.2d 83 (1959), reh. denied 361 U.S. 904, 80 S.Ct. 212, 4 L.Ed.2d 159 (1959); or deemed impliedly waived where, as here, the petitioner pleaded not guilty and proceeded to trial, verdict, and judgment without raising the defense until his post-trial motions. Brady v. United States, 24 F. 2…
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United States v. Honorable Irving Hill, 473 F.2d 759 (9th Cir. 1972)…ates, 175 F. 2d 924 (CA9 1949), cert. denied 338 U.S. 860, 70 S.Ct. 103, 94 L.Ed. 527. It is a defense which must be pleaded. United States v. Hoyland, 264 F. 2d 346 (CA7 1959), cert. denied 361 U.S. 845, 80 S. Ct. 98, 4 L.Ed.2d 83, rehearing denied 361 U.S. 904, 80 S.Ct. 212, 4 L.Ed.2d 159. We should not act as counsel for the defendants and here assert in their behalf the defense of former jeopardy. That is not our function. This is particularly true where the complete record of what occurred is not befor…
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Doby v. Beto, 371 F.2d 111 (5th Cir. 1967)…, at the time of the trial the law in Texas was clear that an affidavit supporting a search warrant, in terms of the affidavit here, was sufficient and the warrant valid. See Phillips v. State of Texas, 168 Tex.Cr.R. 463, 328 S.W. 2d 873; cert. den. 361 U.S. 904, 80 S.Ct. 203, 4 L.Ed.2d 159 (1959); Giacona v. State, 169 Tex.Cr.R. 101, 335 S.W. 2d 837 (1960); Garcia v. State, 170 Tex.Cr.R. 328, 340 S.W. 2d 803 (1960); Aguilar v. State, 172 Tex.Cr.R. 629, 362 S.W. 2d 111 (1960) (reversed, 378 U.S. 108, 84 S.C…