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SISCHO v. ARCHER

No. 4816.

13 F.2d 1023 (1926)

Wesley L. SISCHO, Appellant, v. Finch R. ARCHER, as Warden of United States Penitentiary at McNeil Island, State of Washington, Appellee.

Circuit Court of Appeals, Ninth Circuit.

July 12, 1926.

Attorney(s) appearing for the Case

Raine Ewell, of San Francisco, Cal., for appellant.

Thos. P. Revelle, U. S. Atty., of Seattle, Wash., and Carroll A. Gordon, Asst. U. S. Atty., of Tacoma, Wash., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

A demurrer was sustained in the court below to the appellant's petition for a writ of habeas corpus. He had been convicted under two counts of an indictment — one charging that he did knowingly, willfully, unlawfully, and fraudulently and contrary to law import and bring into the United States from a foreign place a certain quantity of opium prepared for smoking; the second charging that he did knowingly, willfully, unlawfully, feloniously...

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