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JOHNSON v. ZERBST

No. 699.

304 U.S. 458 (1938)

JOHNSON v. ZERBST, WARDEN.

Supreme Court of United States.

Decided May 23, 1938.

Attorney(s) appearing for the Case

Mr. Elbert P. Tuttle for petitioner.

Mr. Bates Booth, with whom Solicitor General Jackson, Assistant Attorney General McMahon, and Mr. William W. Barron were on the brief, for respondent.

MR. JUSTICE BLACK delivered the opinion of the Court.

Petitioner, while imprisoned in a federal penitentiary, was denied habeas corpus by the District Court.1 Later, that court granted petitioner a second hearing, prompted by "the peculiar circumstances surrounding the case and the desire of the court to afford opportunity to present any additional facts and views which petitioner desired...

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