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BAKER v. HUDSPETH

No. 2475.

129 F.2d 779 (1942)

BAKER v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 2, 1942.

Attorney(s) appearing for the Case

A. G. Bush, of Davenport, Ia. (Curtis Bush, of Davenport, Ia., on the brief), for appellant.

Summerfield S. Alexander, U. S. Atty., of Kingman, Kan., and Homer Davis, Asst. U. S. Atty., of Topeka, Kan., for appellee.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.

MURRAH, Circuit Judge.

The petitioner appeals from an order of the District Court denying a writ of habeas corpus, by which he sought release from custody of the respondent, alleging that he had been deprived of his constitutional right to a fair and impartial trial on an indictment charging violations of 18 U.S.C.A. § 338 (scheme to use the mails to defraud). The indictment containing seven counts was returned against the petitioner in the Eastern District of...

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