AUDETT v. JOHNSTON

No. 10569.

142 F.2d 739 (1944)

AUDETT v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

May 17, 1944.


Attorney(s) appearing for the Case

Theodore James Audett, in pro. per., for appellant.

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

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from an order of the District Court for the Northern District of California, Southern Division, dismissing a petition for a writ of habeas corpus.

Appellant was tried on two counts of an indictment. The first of these, on which he was convicted, charged him with entering the First State Bank of Whitman, Nebraska, with intent in said bank to commit the crime of larceny. This state bank was an "insured bank as defined...

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