BROWN v. HUDSPETH

No. 1823.

103 F.2d 958 (1939)

BROWN v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

May 8, 1939.


Attorney(s) appearing for the Case

C. M. Stokes, of Leavenworth, Kan., for appellant.

Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.


PHILLIPS, Circuit Judge.

This is an appeal from a judgment denying a petition for a writ of habeas corpus.

The petitioner, Rufus Brown, was charged by indictment containing two counts with violations of 18 U.S.C.A. § 398. He was tried and found guilty on the first count and sentenced to serve a term of five years in the United States Penitentiary at Leavenworth, Kansas, where he is now confined.

The caption of the indictment reads as follows:...

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