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GOLDSMITH v. ADERHOLT

No. 6023.

44 F.2d 166 (1930)

GOLDSMITH v. ADERHOLT, Warden.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 5, 1930.

Attorney(s) appearing for the Case

H. Ely Goldsmith, of New York City, in pro. per.

Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from an order denying a petition for the writ of habeas corpus. Appellant alleged in his petition that in June, 1929, he was convicted and sentenced to imprisonment in the Atlanta penitentiary for a term of two years upon an indictment charging a violation of 18 USCA § 72, and that after serving more than one-third of his sentence he applied to the Board of Parole for the parole to which he was entitled pursuant to law...

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