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JOHNSTON v. LAGOMARSINO

No. 8209.

88 F.2d 86 (1937)

JOHNSTON, Warden, v. LAGOMARSINO et al.

Circuit Court of Appeals, Ninth Circuit.

February 8, 1937.

Attorney(s) appearing for the Case

H. H. McPike, U. S. Atty., and Robert L. McWilliams and A. J. Zirpoli, Asst. U. S. Atty., all of San Francisco, Cal., for appellant.

Raymond J. O'Connor, of San Francisco, Cal., for appellees.

Before GARRECHT and HANEY, Circuit Judges, and NETERER, District Judge.

NETERER, District Judge.

Reversal is sought from an order of the District Court granting a writ of habeas corpus discharging the appellee Ray Lagomarsino, from custody of the appellant. Appellee Ray Lagomarsino was indicted on five counts. The charging part of count one is that appellee Ray Lagomarsino "did then and there unlawfully, wilfully, knowingly, and feloniously break into a certain post office and a building used in part as a post office at said Colma with...

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