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TILLER v. HUDSPETH

No. 2574.

131 F.2d 188 (1942)

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

Circuit Court of Appeals, Tenth Circuit.

October 27, 1942.

Attorney(s) appearing for the Case

Elmer P. Cogburn, of Denver, Colo., for appellant.

George H. West, U. S. Atty., of Kansas City, Kan., and Lester Luther, Asst. U. S. Atty., of Topeka, Kan., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal from a judgment denying a petition for a writ of habeas corpus.

An indictment containing two counts was returned against Roy Tiller, the petitioner, in the District Court of the United States for the Eastern District of Oklahoma. The first count charged that petitioner, on or about June 10, 1936, at his residence in Muskogee, Oklahoma, did have in his possession two and one...

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