MIZELL v. VICKREY

No. 24.

36 F.2d 327 (1929)

MIZELL v. VICKREY, U. S. Marshal.

Circuit Court of Appeals, Tenth Circuit.

November 23, 1929.


Attorney(s) appearing for the Case

S. J. Montgomery and H. B. Martin, both of Tulsa, Okl. (Charles F. Martin, of Tulsa, Okl., on the brief), for appellant.

W. B. Blair, Asst. U. S. Atty., of Tulsa, Okl. (John M. Goldesberry, U. S. Atty., and Harry Seaton, Asst. U. S. Atty., both of Tulsa, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


LEWIS, Circuit Judge.

This is an appeal from an order denying release from custody. The marshal held appellant for removal to Savannah, Georgia, where an indictment was pending against him. From his petition for the writ of habeas corpus, exhibits therewith, the marshal's return and admissions it appears that on May 30, 1928, an indictment charging appellant in several counts with different offenses defined by the National Banking Act was found and returned by a grand...

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