IN RE SPENCE


37 F.Supp. 69 (1941)

In re SPENCE.

District Court, N. D. Texas, Dallas Division.

February 22, 1941.


Attorney(s) appearing for the Case

O. M. Street, of Dallas, Tex., for petitioner.

Joe Jones, Asst. U. S. Atty., of Dallas, Tex., opposed.


ATWELL, District Judge.

Petitioner Spence filed an application for a writ of habeas corpus, alleging, among other things not now material, that he was a voluntary patient at the United States Narcotic Farm at Lexington, Kentucky. That thereafter, upon his release, he was prosecuted for having violated the narcotic statute in the western district of Oklahoma. That upon that prosecution there was used against him, before the grand jury, a statement that he had been...

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