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CAPONE v. ADERHOLD

No. 6880.

65 F.2d 130 (1933)

CAPONE v. ADERHOLD, Warden.

Circuit Court of Appeals, Fifth Circuit.

May 31, 1933.

Attorney(s) appearing for the Case

William E. Leahy and Wm. J. Hughes, Jr., both of Washington, D. C., and Edwin H. Grace, of New Orleans, La., for appellant.

Clint W. Hager, U. S. Atty., and Hal Lindsay, Asst. U. S. Atty., both of Atlanta, Ga., Dwight H. Green, U. S. Atty., of Chicago, Ill., and G. A. Youngquist, Asst. Atty. Gen., and Sewall Key and John H. McEvers, Sp. Assts. to Atty. Gen., for appellee.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from an order dismissing a petition for the writ of habeas corpus. The opinion of the district judge appears in 2 F.Supp. 280.

Appellant was convicted in the Northern District of Illinois upon an indictment, drawn under 26 USCA § 1266, and filed June 5, 1931, which charged him in three counts with attempting, on the 15th day of March in each of the years 1926, 1927, and 1928...

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