BROWN v. ZERBST

No. 8808.

99 F.2d 745 (1938)

BROWN v. ZERBST, Warden.

Circuit Court of Appeals, Fifth Circuit.

November 4, 1938.


Attorney(s) appearing for the Case

L. F. Klutz, of Newton, N. C., and John H. Brown, in pro. per., of Atlanta, Ga., for appellant.

Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger and J. Ellis Mundy, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

Three indictments were returned against appellant in the United States District Court for the Western District of North Carolina. He was convicted, sentenced, and is now confined in the United States Penitentiary at Atlanta, Georgia.

Appellant petitioned for habeas corpus alleging that on the first and second indictments the conspiracy and violation of the revenue laws were predicated upon United States Statutes which had been repealed...

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