KERR v. JOHNSTON

No. 10069.

130 F.2d 637 (1942)

KERR v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

September 10, 1942.


Attorney(s) appearing for the Case

Raymond J. O'Connor, of San Francisco, Cal., for appellant.

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


MATHEWS, Circuit Judge.

This appeal is from a judgment denying appellant's petition for a writ of habeas corpus.

It appears from the petition that appellant was indicted in the District Court of the United States for the Northern District of California on September 30, 1933. The indictment, a copy of which is attached to and made part of the petition, was in seven counts. Counts 1, 2 and 3 charged violations of § 197 of the Criminal Code, 18 U.S.C.A....

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