KEARNS v. KEVILLE

No. 2820.

67 F.2d 566 (1933)

KEARNS v. KEVILLE, Marshal.

Circuit Court of Appeals, First Circuit.

November 10, 1933.


Attorney(s) appearing for the Case

John B. Lowney, of New Bedford, Mass., for appellant.

Frederick H. Tarr, U. S. Atty., and Elihu D. Stone, Asst. U. S. Atty., both of Boston, Mass., for respondent.

Before WILSON and MORTON, Circuit Judges, and LETTS, District Judge.


WILSON, Circuit Judge.

This is an appeal from an order of the District Court of Massachusetts denying the appellant's petition for a writ of habeas corpus. The grounds set forth in the petition are that the indictment on which he is being held and removal proceedings are based did not sufficiently charge an offense under the federal statute, and there was want of probable cause to believe that he had committed the offense charged.

He now also urges that he...

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