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HOGUE v. DUFFY

No. 9844.

124 F.2d 864 (1942)

HOGUE v. DUFFY, Warden.

Circuit Court of Appeals, Ninth Circuit.

January 16, 1942.

Attorney(s) appearing for the Case

J. Frank Hogue, in pro. per.

Earl Warren, Atty. Gen., and David K. Lener, Deputy Atty. Gen., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

The court below denied Hogue's petition for a writ of habeas corpus, and he appeals. The petition alleged that he was in the custody of Duffy, the warden of the California State Prison at San Quentin, California; that he had exhausted the legal remedies afforded by the State of California to secure his release from the penitentiary; that his imprisonment was violative of the Fifth and Fourteenth Amendments to the Constitution of the United...

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