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ADERHOLD v. COOPER

No. 7643.

80 F.2d 259 (1935)

ADERHOLD, Warden, v. COOPER.

Circuit Court of Appeals, Fifth Circuit.

November 26, 1935.

Attorney(s) appearing for the Case

Lawrence S. Camp, U. S. Atty., Harvey H. Tisinger, Asst. U. S. Atty., and H. T. Nichols, Sp. Atty., Department of Justice, all of Atlanta, Ga., for appellant.

Before FOSTER, SIBLEY, and WALKER, Circuit Judges.

FOSTER, Circuit Judge.

This is an appeal from a judgment discharging a prisoner from the Atlanta penitentiary on a writ of habeas corpus. The case presents the same questions of law as were decided in the case of Cox v. McConnell (C.C.A.) 80 F.2d 258, decided this day, and to that extent is ruled by that case.

The record is unsatisfactory. It appears that Cooper was given a general sentence of two years on three counts of...

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