SPENCE v. DOWD

No. 8181.

145 F.2d 451 (1944)

SPENCE v. DOWD, Warden.

Circuit Court of Appeals, Seventh Circuit.

November 8, 1944.


Attorney(s) appearing for the Case

John J. Faissler, of Chicago, Ill., for appellant.

Frank E. Coughlin, of Indianapolis, Ind., and James A. Emmert, Atty. Gen., for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.


KERNER, Circuit Judge.

This is an appeal in forma pauperis in which appellant, who is imprisoned in a state penitentiary pursuant to a judgment of conviction of a state court, seeks to review an order entered on July 27, 1942, denying his application for writ of habeas corpus. Appellant was not given a hearing nor was any evidence heard on his petition, but the court summarily disposed of the case on the petition without determining the verity of the charges made...

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