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UNITED STATES v. BISHOP

No. 5889.

47 F.2d 95 (1931)

UNITED STATES ex rel. CAMPBELL v. BISHOP, Morale Officer.

Circuit Court of Appeals, Fifth Circuit.

February 16, 1931.

Attorney(s) appearing for the Case

Lloyd C. Hooks and R. A. Hendricks, both of Miami, Fla., for appellant.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla., for appellee.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.

SIBLEY, District Judge.

Willard E. Campbell was remanded to the penitentiary after hearing on habeas corpus, and appeals. The facts are as follows: On May 17, 1929, Campbell filed a plea of guilty to an indictment charging violation of section 37 of the Penal Code (18 USCA § 88). The original minute of that date, after reciting arraignment and plea, continues: "And now the defendant Willard Campbell being asked by the court if he had anything to say why sentence...

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