ELLERBRAKE v. KING

No. 11770.

116 F.2d 168 (1941)

ELLERBRAKE v. KING.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied January 13, 1941.


Attorney(s) appearing for the Case

Armin Ellerbrake, pro se.

Richard K. Phelps, Acting U. S. Atty., and Otto Schmid, Asst. U. S. Atty., both of Kansas City, Mo., for appellee.

Before SANBORN and THOMAS, Circuit Judges, and DEWEY, District Judge.


DEWEY, District Judge.

This is an appeal from a dismissal of an application for a writ of habeas corpus.

The record shows that the applicant plead guilty in the District Court of the United States for the Southern District of Illinois to three indictments charging him with offenses connected with interstate freight thefts and he was sentenced to five-year consecutive terms on each indictment. While in the penitentiary at Atlanta, Georgia, he was found to be...

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