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MILLSLAGLE v. OLSON

No. 12064.

125 F.2d 546 (1942)

MILLSLAGLE v. OLSON, Warden.

Circuit Court of Appeals, Eighth Circuit.

February 9, 1942.

Attorney(s) appearing for the Case

Frank Millslagle, pro se.

Walter R. Johnson, Atty. Gen., of Nebraska, and Rush C. Clarke, Asst. Atty. Gen., of Nebraska, for appellee.

Before STONE, GARDNER, and RIDDICK, Circuit Judges.

PER CURIAM.

This is an appeal from dismissal of a petition for habeas corpus filed by an inmate of the Nebraska penitentiary confined thereunder sentence of a State court for a violation of Nebraska criminal law.

The case has been fully presented on the merits. Until examination of the record after submission of the case, it was not discovered by this Court that no certificate of probable cause had been made, as required

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