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HOLST v. OWENS

No. 5165.

24 F.2d 100 (1928)

HOLST v. OWENS, U. S. Marshal.

Circuit Court of Appeals, Fifth Circuit.

January 30, 1928.

Attorney(s) appearing for the Case

J. McHenry Jones, of Pensacola, Fla. (J. Leo Anderson and Harvey E. Page, both of Pensacola, Fla., on the brief), for appellant.

Fred Cubberly, U. S. Atty., of Gainesville, Fla., and George Earl Hoffman, Asst. U. S. Atty., of Pensacola, Fla., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from an order dismissing a writ of habeas corpus. Appellant was convicted of the unlawful possession of intoxicating liquor as charged in three indictments. The first indictment charged a first offense, the second pleaded conviction of the first offense, and the third pleaded conviction of the first and second offenses. The offenses charged in the first and second indictments were committed about the same time, and before the...

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