MORTON v. HENDERSON

No. 9804.

123 F.2d 48 (1941)

MORTON v. HENDERSON, Warden.

Circuit Court of Appeals, Fifth Circuit.

October 21, 1941.


Attorney(s) appearing for the Case

W. D. Lanier and Max Rubenstein, both of Augusta, Ga., for appellant.

Roy V. Harris, of Augusta, Ga., and W. H. Lanier, of Metter, Ga., for appellee.

Before HUTCHESON and HOLMES, Circuit Judges, and UNDERWOOD, District Judge.


HOLMES, Circuit Judge.

This appeal is from a judgment quashing a writ of habeas corpus and remanding petitioner to the custody of the warden. The judgment is challenged here on the ground that it was rendered after the state court had lost jurisdiction of the case by proceeding in violation of the defendant's rights guaranteed by the Sixth and Fourteenth Amendments to the Constitution of the United States.

Appellant was indicted and tried for the crime of...

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