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FRANKLIN v. BIDDLE

No. 6765.

5 F.2d 19 (1925)

FRANKLIN v. BIDDLE, Warden of the United States Penitentiary at Leavenworth, Kan.

Circuit Court of Appeals, Eighth Circuit.

April 8, 1925.

Attorney(s) appearing for the Case

Frans E. Lindquist, of Kansas City, Mo., and John B. Boddie, of Chicago, Ill., for appellant.

Al. F. Williams, U. S. Atty., and Alton H. Skinner, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before SANBORN and STONE, Circuit Judges, and SYMES, District Judge.

SANBORN, Circuit Judge.

This is an appeal from an order of dismissal by the court below of a petition of Harry Franklin for a writ of habeas corpus on the ground that his petition did not set forth facts sufficient to invoke the jurisdiction of that court to grant the writ and discharge the petitioner. The facts set forth in the petition that it is necessary to consider are these: Franklin was indicted, tried, convicted, sentenced, and committed to the penitentiary...

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