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DIMENZA v. JOHNSTON

No. 10080.

131 F.2d 47 (1942)

DIMENZA v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

October 8, 1942.

Attorney(s) appearing for the Case

John Bennett King, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., 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.

PER CURIAM.

The Warden petitions for a rehearing on the ground that we have not followed the holding of the Circuit Court of Appeals in McDonald v. Hudspeth, 10 Cir., 129 F.2d 196, decided June 17, 1942, wherein the court considered three counts of an indictment under 12 U.S.C.A. § 588 b(b). In that case a different individual was named in each count as the one whose life was imperiled by the use of a dangerous weapon. It does...

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