McNEALY v. JOHNSTON

No. 22959-R.

30 F.Supp. 312 (1939)

McNEALY v. JOHNSTON, Warden.

District Court, N. D. California, S. D.

November 30, 1939.


Attorney(s) appearing for the Case

Vincent Cullinan, of San Francisco, Cal., for petitioner.

Frank J. Hennessy, and A. J. Zirpoli, U. S. Atty. and Asst. U. S. Atty., both of San Francisco, Cal., for the United States Government.


ROCHE, District Judge.

Petitioner first applied for a writ of habeas corpus in this District Court on January 8, 1938. At that time his petition was denied because it had been prematurely brought and petitioner was not entitled to his freedom. The decision of the District Court was affirmed in an opinion by the Circuit Court of Appeals (McNealy v. Johnston, 1938, 9 Cir., 100 F.2d 280), which set forth a full statement of the issues...

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