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McGINLEY v. HUDSPETH

No. 2275.

120 F.2d 523 (1941)

McGINLEY v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

May 26, 1941.

Attorney(s) appearing for the Case

Kenneth E. McAfee, of Oklahoma City, Okl., for appellant.

Summerfield S. Alexander, U. S. Atty. and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Otto J. McGinley, a prisoner in the federal penitentiary at Leavenworth, Kansas, hereinafter called petitioner, instituted this proceeding in habeas corpus to secure his release from further detention. In July, 1937, an indictment was returned against petitioner in the Omaha Division of the United States Court for Nebraska, in which it was charged that on October 12, 1936, he unlawfully transported a stolen Plymouth Sedan automobile, motor...

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