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WALSH v. JOHNSTON

No. 9562.

115 F.2d 806 (1940)

WALSH v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

November 27, 1940.

Attorney(s) appearing for the Case

W. Bruce Beckley, of San Francisco, Cal., for appellant.

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 WILBUR, GARRECHT, and HEALY, Circuit Judges.

WILBUR, Circuit Judge.

Heretofore, the appellant, while in the custody of the warden of the United States Penitentiary at McNeil Island, Washington, filed a petition for writ of habeas corpus alleging that the murder for which he was convicted occurred outside the jurisdiction of the United States District Court for the Southern District of California wherein he was convicted and, consequently, that the judgment was void. This court sustained the decision of the United...

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