UNITED STATES v. THOMPSON

No. 388.

144 F.2d 604 (1944)

UNITED STATES ex rel. McCANN v. THOMPSON, Warden.

Circuit Court of Appeals, Second Circuit.

July 19, 1944.


Attorney(s) appearing for the Case

John F. X. Finn, of New York City, and Hallam M. Richardson, of Brooklyn, N. Y., for appellant.

Richard J. Burke, of New York City (James B. M. McNally, U. S. Atty., and John J. Donovan, Jr., Asst. U. S. Atty., both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

The relator appeals from an order dismissing a writ of habeas corpus, issued to release him from custody under a judgment of conviction for the fraudulent use of the mails. The indictment was returned on February 18, 1941, the relator was arraigned on April 2nd, and in July of that year was tried before judge Otis — upon his own consent without a jury. He was found guilty on all counts, sentenced...

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