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SPENCER v. HUNTER

No. 2834.

139 F.2d 828 (1944)

SPENCER v. HUNTER, Warden.

Circuit Court of Appeals, Tenth Circuit.

January 4, 1944.

Attorney(s) appearing for the Case

Mark Cyirl Spencer, pro se.

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

Before PHILLIPS and MURRAH, Circuit Judges, and VAUGHT, District Judge.

PHILLIPS, Circuit Judge.

This is an appeal from an order denying a petition for a writ of habeas corpus.

An indictment containing three counts was returned against the petitioner, Mark Cyirl Spencer, his brother, Alford Spencer, and Nath Richardson in the District Court of the United States for the Western District of Tennessee, Western Division. It was numbered 4622 on the docket of such court. The first count charged that petitioner and his codefendants...

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