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JOHNSON v. ZERBST

Nos. 8562, 8563.

92 F.2d 748 (1937)

JOHNSON v. ZERBST, Warden. BRIDWELL v. ZERBST, Warden.

Circuit Court of Appeals, Fifth Circuit.

November 24, 1937.

Attorney(s) appearing for the Case

Elbert P. Tuttle, of Atlanta, Ga., for appellants.

Bates Booth, Sp. Asst. to Atty. Gen., and Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger and H. T. Nichols, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

These cases present appeals from judgments dismissing petitions for writs of habeas corpus to release appellants from the Atlanta penitentiary. The evidence is identical in both cases. By agreement only one record was printed, upon which both cases were submitted. The record discloses the following facts:

Appellants were arrested in Charleston, S. C., on November 21, 1934, charged with feloniously uttering and passing four counterfeit...

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