UNITED STATES v. GAULT

No. 124.

13 F.2d 225 (1925)

UNITED STATES ex rel. HUGHES v. GAULT, United States Marshal.

District Court, S. D. Iowa, Ottumwa Division.

April 10, 1925.


Attorney(s) appearing for the Case

Parsons & Mills, of Des Moines, Iowa, Jaques, Tisdale & Jaques, of Ottumwa, Iowa, and Butler, Lamb, Foster & Pope, of Chicago, Ill., for plaintiff.

Frank F. Wilson, Asst. U. S. Atty., of Mt. Ayr, Iowa, for defendant.


WADE, District Judge.

When we compare and analyze all the authorities submitted in the very complete briefs of counsel, the only real question in this case is the sufficiency of the indictment.

If the indictment is sufficient, and the identity of the defendant is admitted or proven, a complete case for removal is established.

Language is found in the cases which seems to indicate that the defendant is entitled to a hearing upon the merits of the question...

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