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CASE v. ALDERSON

Nos. 3834, 3835.

76 F.2d 25 (1935)

CASE v. ALDERSON, Marshal, et al. SAME v. HARRIS, Superintendent of Federal Industrial Institution.

Circuit Court of Appeals, Fourth Circuit.

Rehearing Denied March 2, 1935.

Attorney(s) appearing for the Case

J. Raymond Gordon, of Charleston, W. Va., for appellants.

L. R. Via, Asst. U. S. Atty., of Huntington, W. Va. (George I. Neal, U. S. Atty., of Huntington, W. Va., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and HAYES, District Judge.

HAYES, District Judge.

These cases are here in a habeas corpus proceeding. Petitioners were indicted and entered pleas of guilty for violation of Rev. St., § 3296 as amended (26 USCA § 404). Elizabeth Penn Case was sentenced to the Federal Industrial Reformatory for Women at Alderson, W. Va., for a term of three years and to pay a fine of $500; and Floyd Penn Case was given a like sentence, but his sentence was to be served in the Federal Penitentiary in...

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