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McGUIRE v. HUNTER

No. 2767.

138 F.2d 379 (1943)

McGUIRE v. HUNTER, Warden.

Circuit Court of Appeals, Tenth Circuit.

October 14, 1943.

Attorney(s) appearing for the Case

Isaac Mellman, of Denver, Colo. (Benjamin F. Endres, of Leavenworth, Kan., on the brief), for appellant.

Eugene W. Davis, Asst. U. S. Atty., of Topeka, Kan. (George H. West, U. S. Atty., of Topeka, Kan., and Harlow B. King, Asst. U. S. Atty., of Minneapolis, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Bernard G. McGuire, herein called petitioner, was convicted in the United States Court for Western Michigan of robbing a national bank and of assaulting and putting in jeopardy the lives of the manager and a paying teller of the bank while engaged in such robbery, in violation of 12 U.S.C.A. § 588b; and he was sentenced to imprisonment for a period of twenty-five years. Commitment issued and petitioner is now confined in the penitentiary...

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