BOTWINSKI v. DOWD

No. 7517.

118 F.2d 829 (1941)

BOTWINSKI v. DOWD, Warden.

Circuit Court of Appeals, Seventh Circuit.

March 6, 1941.


Attorney(s) appearing for the Case

Oscar B. Thiel, of Gary, Ind., for appellant.

Samuel D. Jackson and James K. Northam, both of Indianapolis, Ind., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and HOLLY, District Judge.


SPARKS, Circuit Judge.

Appellant, a prisoner in the custody of appellee as warden of the Indiana State Prison, presented his petition for a writ of habeas corpus on the ground that he was illegally restrained in violation of the fourteenth amendment to the Constitution of the United States. The writ issued; appellee filed his return; a full hearing was had on the allegations of the petition and return, after which the District Court denied the relief sought, and from...

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