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McCONLOGUE v. ADERHOLD

No. 6451.

56 F.2d 152 (1932)

McCONLOGUE v. ADERHOLD, Warden.

Circuit Court of Appeals, Fifth Circuit.

February 20, 1932.

Attorney(s) appearing for the Case

Neil McConlogue, of Atlanta, Ga., 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.

PER CURIAM.

McConlogue was convicted upon an indictment in two counts, the first of which charged him with forging, and the second with uttering, the same bank check. He was sentenced to serve five years on the first count, and three years on the second count, in the Atlanta penitentiary; the sentences to run consecutively. After serving five years he sued out a writ of habeas corpus to procure his release on the theory that he was charged with only one offense. This...

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