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STAMPHILL v. JOHNSTON

No. 10369.

136 F.2d 291 (1943)

STAMPHILL v. JOHNSTON.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 29, 1943.

Attorney(s) appearing for the Case

Dale Stamphill, of Alcatraz, Cal., pro se.

Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, MATHEWS, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal in forma pauperis from an order of the District Court of the United States for the Northern District of California denying a petition for writ of habeas corpus. Petitioner, hereinafter called the appellant, alleges that he is a prisoner in the custody of the respondent, James A. Johnston, Warden of the United States Penitentiary, Alcatraz, California, under commitment issued out of the District Court of the United States for...

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