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STEWART v. JOHNSTON

No. 8770.

97 F.2d 548 (1938)

STEWART v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

June 20, 1938.

Attorney(s) appearing for the Case

J. L. Stewart, in pro. per.

Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

WILBUR, Circuit Judge.

Appellant, who alleges that he is in the custody of the appellee, the warden of the United States penitentiary at Alcatraz Island, California, petitioned the lower court in propria persona for writ of habeas corpus. He was permitted to proceed in forma pauperis. The trial court denied the application without the issuance of an order to show cause or writ of habeas corpus. An application for leave to appeal therefrom was allowed January 18, 1938...

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