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DUNN v. LYONS

No. 5127.

23 F.2d 14 (1927)

DUNN et al. v. LYONS, Sheriff.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1928.

Attorney(s) appearing for the Case

P. L. Ferguson, of Leesville, La., and M. G. Adams, of Beaumont, Tex. (M. R. Stewart, of Lake Charles, La., and C. W. Howth and Lamar Hart, both of Beaumont, Tex., on the brief), for appellants.

E. R. Schowalter, Asst. Atty. Gen., of Louisiana (Percy Saint, Atty. Gen., of Louisiana, and J. J. Robira, Dist. Atty., and S. H. Jones, Asst. Dist. Atty., both of Lake Charles, La., on the brief), for appellee.

Before WALKER, BRYAN and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The District Judge dismissed upon demurrer the petition of appellants for writ of habeas corpus, but certified that in his opinion there was probable cause for an appeal. Appellants were convicted of murder in a state trial court of Louisiana. The judgment of conviction was affirmed by the Supreme Court of Louisiana (161 La. 532, 109 So. 56), and writ of error dismissed by the Supreme Court of the United States (273 U.S. 656, 744, 47 S.Ct. 344...

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