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GLASS v. BECKER

No. 5295.

25 F.2d 929 (1928)

GLASS v. BECKER, Sheriff et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 21, 1928.

Attorney(s) appearing for the Case

W. A. Gordon and H. L. Richardson, both of Oakland, Cal., for appellant.

Earle Warren, Dist. Atty., and J. Paul St. Sure, Asst. Dist. Atty., both of Oakland, Cal., for appellees.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

The appellant, a negro, is held in custody under a warrant of rendition issued by the Governor of California upon a requisition from the Governor of Oklahoma. Sustaining a demurrer to his petition for a writ of habeas corpus, the court, below dismissed the proceeding, and he appeals.

If we resort to statements made by both sides in the course of the argument, it would seem that in a tumult of some character occurring in the town of...

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