O'KEITH v. JOHNSTON

No. 10134.

129 F.2d 889 (1942)

O'KEITH v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

August 20, 1942.


Attorney(s) appearing for the Case

M. C. Symonds, of San Francisco, Cal., 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, DENMAN, and MATHEWS, Circuit Judges.


WILBUR, Circuit Judge.

Pursuant to the mandate of this court (O'Keith v. Johnston, 122 F.2d 554), hearing was had in the District Court of the United States for the Northern District of California on the return, traverse and petition of appellant for release from the custody of respondent at Alcatraz Penitentiary upon writ of habeas corpus. From the order of that court discharging the writ and remanding him petitioner was allowed...

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