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HOLLEY v. LAWRENCE, WARDEN

Supreme Court of the United States1943-01-18No. No. 600
317 U.S. 51863 S. Ct. 39487 L. Ed. 4341943 U.S. LEXIS 1020SCDB 1942-031

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Per Curiam.

The motion for leave to proceed in forma pauperis is granted. The Court has examined all the federal questions raised by appellant. In so far as the appeal challenges the validity of Georgia Code § 38-1604, which makes in- competent the testimony of a wife at the trial of her husband, the judgment of the court below rests upon a non-federal ground adequate to support it, namely, that the failure to tender such testimony at the trial barred any later claim of the alleged constitutional right (Atlantic Coast Line R. Co. v. Mims, 242 U. S. 532, 535). The Court finds that no other federal question presented by the appeal warrants review by this Court. The appeal is accordingly dismissed.

Dismissed.