Wong Doo v. United States, 265 U.S. 239 (1924)

Wong Doo v. United States

No. 736

Argued April 10, 1924
Decided May 26, 1924
265 U.S. 239

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The strict doctrine of res judicata does not apply to habeas corpus. Salinger v. Loisel, ante,224. P. 241.

2. But the Court, in its sound discretion, may dismiss a petition for habeas corpus because of a prior refusal when the ground for the second application was set up, with another, in the first, and when the evidence to support it then was withheld without excuse for use on a second attempt if the first failed. Id.

3. Where unreasonable delays have been caused by resort to habeas corps proceedings, the mandate of this Court will issue forthwith. Id.

293 F. 273 affirmed.

Certiorari to a judgment of the circuit court of appeals affirming a decision dismissing a petition for habeas corpus.