ADAMS v. U.S. EX REL. McCANN

No. 79.

317 U.S. 269 (1942)

ADAMS, WARDEN, ET AL. v. UNITED STATES EX REL. McCANN.

Supreme Court of United States.

Decided December 21, 1942.


Attorney(s) appearing for the Case

Solicitor General Fahy, with whom Assistant Attorney General Berge and Messrs. Archibald Cox and Richard S. Salant were on the brief, for petitioners.

Mr. Robert G. Page for respondent.


MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

This is a review of an order by the Circuit Court of Appeals for the Second Circuit discharging the relator McCann from custody. We accept as facts, as did the court below, those set forth in the untraversed return to the writ of habeas corpus in that court.

McCann was indicted on six counts for using the mails to defraud, in violation of § 215...

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