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REED v. MADDEN

No. 10703.

87 F.2d 846 (1937)

REED v. MADDEN, Sheriff.

Circuit Court of Appeals, Eighth Circuit.

January 29, 1937.

Attorney(s) appearing for the Case

Harry C. Blanton, U. S. Atty., of Sikeston, Mo. (Frank A. Thompson, Sp. Asst. to Atty. Gen., on the brief), for appellant.

Forrest G. Ferris, Sr., of St. Louis, Mo. (Staunton E. Boudreau and Franklin Miller, both of St. Louis, Mo., on the brief), for appellee.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

This is a proceeding under section 453 of title 28 U.S.C.A. which, so far as here pertinent, reads thus: "The writ of habeas corpus shall in no case extend to a prisoner in jail unless where he is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process, or decree...

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