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BEARD v. SANFORD

No. 9132.

105 F.2d 141 (1939)

BEARD v. SANFORD, Warden.

Circuit Court of Appeals, Fifth Circuit.

July 6, 1939.

Attorney(s) appearing for the Case

James J. Laughlin and Ellis Klein, both of Washington, D. C., 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 FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a judgment denying appellant's second petition for a writ of habeas corpus. The denial of the former petition was affirmed by this court in an opinion reported in 5 Cir., 99 F.2d 750.

Appellant was convicted on two counts of an indictment charging violations of Section 153 of the Code of the District of Columbia, T. 6, first, by setting up and keeping a certain gaming table for the...

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