BIDDLE v. WILMOT

No. 7215.

14 F.2d 505 (1926)

BIDDLE, Warden, v. WILMOT.

Circuit Court of Appeals, Eighth Circuit.

July 26, 1926.


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.

Benjamin F. Endres and Keefe O'Keefe, both of Leavenworth, Kan., for appellee.

Before LEWIS, Circuit Judge, and TRIEBER and KENNAMER, District Judges.


TRIEBER, District Judge.

This is an appeal from an order of the District Court discharging the appellee from confinement in the penitentiary at Leavenworth, Kan., upon a petition of habeas corpus.

The material facts in the petition are that he is unlawfully detained in prison by the appellant; that he had been indicted in the District Court of the United States for the Northern District of California for having violated section 117 of the Penal Code (Comp...

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