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WALL v. HUDSPETH

No. 1949.

108 F.2d 865 (1940)

WALL v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

January 6, 1940.

Attorney(s) appearing for the Case

Joseph G. Hodges, of Denver, Colo., for appellant.

Homer Davis, Asst. U. S. Atty., of Topeka, Kan., (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

This is an appeal from an order denying a petition for a writ of habeas corpus. Clarence Wall, hereinafter called the petitioner, was indicted in the United States Court for Western Louisiana. The indictment contained three counts. The first charged breaking into a post office with the intent to commit larceny of money and other valuables; the second charged theft of postage stamps from such post office; and the third charged theft of money...

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