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STOCKTON v. MASSEY

No. 2862.

34 F.2d 96 (1929)

STOCKTON v. MASSEY, Sheriff.

Circuit Court of Appeals, Fourth Circuit.

July 15, 1929.

Attorney(s) appearing for the Case

J. Raymond Gordon, of Charleston, W. Va., for appellant.

Raymond S. Norris, Sp. Asst. to Atty. Gen. (James Damron, U. S. Atty., of Huntington, W. Va., on the brief), for appellee.

Before NORTHCOTT, Circuit Judge, and SOPER and HAYES, District Judges.

SOPER, District Judge.

The appellant was brought before the District Court under a writ of habeas corpus, issued to determine the legality of his confinement in the jail of Kanawha county, W. Va., pending his removal to the Atlanta penitentiary. On November 19, 1925, in the District Court of the United States for the Southern District of West Virginia, Stockton pleaded guilty to a conspiracy to violate the National Prohibition Act (27 USCA) and was placed upon probation...

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