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IRVIN v. ZERBST

Nos. 8656, 8657.

97 F.2d 257 (1938)

IRVIN v. ZERBST, Warden. KELLER v. SAME.

Circuit Court of Appeals, Fifth Circuit.

June 16, 1938.

Attorney(s) appearing for the Case

John Keller, in pro. per.

John Irvin, in pro. per.

Lawrence S. Camp, U. S. Atty., and J. Ellis Mundy, H. T. Nichols, and Harvey H. Tisinger, Asst. U. S. Attys., all of Atlanta, Ga., for the United States.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

John Irvin and John Keller were, with others, jointly indicted in the Eastern District of Virginia. The record in their case here material reads: "Defendants Keller and Irvin upon waiving formal arraignment pleaded not guilty in manner and form as charged in the indictment filed herein, and the defendants Keller and Irvin having waived their right of trial by jury, and the court having heard the testimony of witnesses, finds the defendants guilty...

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