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RIVES v. O'HEARNE

No. 6207.

73 F.2d 984 (1934)

RIVES v. O'HEARNE.

United States Court of Appeals for the District of Columbia.

Decided November 5, 1934.

Attorney(s) appearing for the Case

Leslie C. Garnett, U. S. Atty., and William A. Gallagher and H. L. Underwood, Asst. U. S. Attys., all of Washington, D. C., for appellant.

Harry T. Whelan and William B. O'Connell, both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, HITZ, and GRONER, Associate Justices.

HITZ, Associate Justice.

The superintendent of the jail of the District of Columbia appeals from an order of the Supreme Court of the District in a habeas corpus proceeding, instituted after the repeal of the Eighteenth Amendment, discharging a prisoner committed before the repeal, for a criminal contempt growing out of a violation of the National Prohibition Act (27 USCA).

The prisoner (appellee) was tried and sentenced for contempt in the court below on...

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