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HUDSPETH v. MELVILLE

No. 2305.

127 F.2d 373 (1941)

HUDSPETH, Warden, v. MELVILLE.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 19, 1942.

Attorney(s) appearing for the Case

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

E. R. Sloan, of Tokepa, Kan., amicus curiæ, on brief.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

This is a proceeding in habeas corpus. John W. Melville, hereinafter called petitioner, was indicted in two counts in the United States Court for Nebraska. The first count charged that he entered the First National Bank of Grand Island, Nebraska, with the intent to commit therein a felony, namely, to unlawfully and feloniously and with the intent to defraud, utter a check in the sum of $42.50, payable to the First National Bank of Grand Island...

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