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ARCHER v. HEATH

No. 5517.

30 F.2d 932 (1929)

ARCHER, Warden, etc., v. HEATH.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 25, 1929.

Attorney(s) appearing for the Case

George Sellett, U. S. Atty., of Shanghai, China, Anthony Savage, U. S. Atty., of Seattle, Wash., and John T. McCutcheon, Asst. U. S. Atty., of Tacoma, Wash., for appellant.

W. W. Mount, of Tacoma, Wash., for appellee.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.

RUDKIN, Circuit Judge.

This is an appeal from an order discharging the appellee from the custody of the warden of the United States penitentiary at McNeil Island, Washington, to whose custody he had been committed in execution of a final judgment of the United States Court for China. The reason for the discharge was that the information upon which the conviction was had failed to charge that the appellee was a citizen of the United States at the time of the commission...

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