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HUDSPETH v. TORNELLO

No. 2423.

128 F.2d 172 (1942)

HUDSPETH, Warden, United States Penitentiary, Leavenworth, Kansas, v. TORNELLO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 22, 1942.

Attorney(s) appearing for the Case

Summerfield S. Alexander, U. S. Atty., of Topeka, Kan. (Homer Davis, Asst. U. S. Atty., of Topeka, Kan., on the brief), for appellant.

E. R. Sloan, of Holton, Kan., for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

The grand jury of the United States Court for the Middle District of Tennessee returned an indictment against William Humbert Tornello, hereinafter referred to as petitioner, in which it was charged that he entered the building occupied and used by the Third National Bank of Nashville, Tennessee, with the intent to commit therein a certain felony, namely, uttering and cashing a forged check in the amount of $119, defrauding and depriving the...

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