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CARPENTER v. HUDSPETH

No. 2061.

112 F.2d 126 (1940)

CARPENTER v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied July 3, 1940.

Attorney(s) appearing for the Case

Kenneth M. Wormwood, of Denver, Colo., 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 HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

By this appeal we are asked to review an order of the trial court denying a petion for a writ of habeas corpus to discharge petitioner from further detention in the federal penitentiary at Leavenworth, Kansas. Two indictments were returned in the United States Court for Southern Illinois. The first contained four counts and charged respectively that petitioner and others broke the seal on a described railroad car containing an interstate shipment...

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