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BIDDLE v. HAYS

No. 6868.

8 F.2d 937 (1925)

BIDDLE, Warden, v. HAYS.

Circuit Court of Appeals, Eighth Circuit.

October 29, 1925.

Attorney(s) appearing for the Case

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

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

VAN VALKENBURGH, Circuit Judge.

The appellee was convicted in the District Court of the United States for the Western District of Arkansas upon three counts of an indictment, which, omitting formal parts, is in the following language:

"The grand jurors of the United States, impaneled, sworn, and charged at the term aforesaid of the court aforesaid, on their oath present that Lee Hays on or about the 21st day of November, in the year 1923, in said division...

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