LOVVORN v. JOHNSTON

No. 9570.

118 F.2d 704 (1941)

LOVVORN v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

March 24, 1941.


Attorney(s) appearing for the Case

James A. Lovvorn, in pro. per., for appellant.

Frank J. Hennessy, U. S. Atty., and R. B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

This is an appeal from an order of the trial court refusing to issue writ of habeas corpus upon petition of James A. Lovvorn. Instead, the court issued an order to show cause. The respondent filed a return and the petitioner traversed the return. Under the decision of the Supreme Court in Walker v. Johnston, 61 S.Ct. 574, 85 L.Ed. ___, decided February 10, 1941, the question involved upon the hearing of the order to show cause and, consequently...

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