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BURGESS v. HUDSPETH

No. 2274.

120 F.2d 550 (1941)

BURGESS v. HUDSPETH, Warden, United States Penitentiary, Leavenworth, Kan.

Circuit Court of Appeals, Tenth Circuit.

May 24, 1941.

Attorney(s) appearing for the Case

Jesse A. Hall and William H. Biddle, both of Leavenworth, Kan., for appellant.

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

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal from a judgment denying a petition for a writ of habeas corpus.

From the allegations of the petition and certified copies of court records, these facts appear: On December 8, 1936, an indictment, containing six counts, charging violations of 18 U.S.C.A. §§ 88, 278, and 283, was returned against Jackson C. Burgess, the petitioner, and another in the District Court of the United States for the Northern District...

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