KELLY v. JOHNSTON

No. 9258.

111 F.2d 613 (1940)

KELLY v. JOHNSTON.

Circuit Court of Appeals, Ninth Circuit.

April 30, 1940.


Attorney(s) appearing for the Case

Harry C. Kelly, in pro. per.

Frank J. Hennessy, U. S. Atty., and R. B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


MATHEWS, Circuit Judge.

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

Appellant, Harry C. Kelly, was indicted on September 21, 1932, in the District Court of the United States for the Northern District of California for robbing a person having lawful charge, control and custody of mail matter and, in effecting the robbery, putting such person's life in jeopardy by the use of a dangerous weapon.1 On...

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