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CATO v. SMITH

No. 9046.

104 F.2d 885 (1939)

CATO v. SMITH, Warden.

Circuit Court of Appeals, Ninth Circuit.

May 26, 1939.

Attorney(s) appearing for the Case

Raine Ewell, of San Francisco, Cal., for appellant.

Earl Warren, Atty. Gen., of California, and William F. Cleary, Deputy Atty. Gen., of California, for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

This is an appeal from an order of the District Court of the United States for the Northern District of California, Southern Division, denying appellant's petition for a writ of habeas corpus and dismissing the same.

Petitioner was indicted and convicted for a violation of the United States Criminal Code and was sentenced to jail. He was regularly committed to the San Francisco County Jail and was placed in charge of the jailer of...

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