SCHULTZ v. HUDSPETH

No. 2321.

123 F.2d 729 (1941)

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

Circuit Court of Appeals, Tenth Circuit.

November 11, 1941.


Attorney(s) appearing for the Case

Thomas K. Hudson, of Denver, Colo., 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.


MURRAH, Circuit Judge.

In April, 1921, the appellant was indicted in two cases, Nos. 2804 and 2805, in the Northern District of Ohio, Western Division. The two indictments grew out of the same transaction.

The indictment in No. 2805 contained eleven counts charging violation of 18 U. S.C.A. § 320, Section 197 of the Penal Code, by assaulting a custodian of the mail.

To each count in this indictment (2805) the defendant pleaded guilty on December...

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