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DOWNER v. DUNAWAY

No. 6286.

53 F.2d 586 (1931)

DOWNER v. DUNAWAY.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 18, 1931.

Attorney(s) appearing for the Case

Harry S. Strozier, of Macon, Ga., and W. A. Sutherland, A. T. Walden, and Granger Hansell, all of Atlanta, Ga., for appellant.

T. R. Gress, 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. It is here upon a certificate of the district judge that in his opinion probable cause was shown for its allowance. 28 USCA § 466. The petition was filed on June 13, 1931, and the order appealed from was made on the same day, without the issuance of the writ or an order to show cause why it should not be granted. The appeal is therefore to be disposed of upon...

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