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WHITE v. BURKE

No. 191.

43 F.2d 329 (1930)

WHITE, Warden, v. BURKE.

Circuit Court of Appeals, Tenth Circuit.

August 11, 1930.

Attorney(s) appearing for the Case

L. E. Wyman, Asst. U. S. Atty., of Topeka, Kan. (S. M. Brewster, U. S. Atty., of Topeka, Kan., on the brief), for appellant.

Biddle & Biddle, of Leavenworth, Kan., for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

On June 12, 1928, the appellee, Gene Burke, was convicted in the District Court of the United States for the Southern District of Texas, Galveston Division, upon an indictment containing four counts, charging violations of the National Prohibition Law (27 USCA). The sentence of the court read, in part, as follows:

"That he (appellee) be imprisoned in the U. S. penitentiary situated at Leavenworth, in the District of Kansas, for the...

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