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DUFFY v. HUDSPETH

No. 2054.

112 F.2d 559 (1940)

DUFFY v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

May 28, 1940.

Attorney(s) appearing for the Case

O. B. Eidson, of Topeka, 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 HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

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

An indictment containing five counts, charging violations of 18 U.S.C.A. §§ 88, 99 and 101, was returned against petitioner and another in the District Court of the United States for the Northern District of Illinois.

18 U.S.C.A. § 99 reads as follows:

"Whoever shall rob another...

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