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WALLACE v. HUNTER

No. 3101.

149 F.2d 59 (1945)

WALLACE et al. v. HUNTER, Warden.

Circuit Court of Appeals, Tenth Circuit.

April 18, 1945.

Attorney(s) appearing for the Case

Alva Wallace and Roy Story, pro se.

Eugene W. Davis, Asst. U.S. Atty., of Topeka, Kan., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus.

An indictment was returned against Wallace and Story in the District Court of the United States for the District of South Dakota, Southern Division. It charged a violation of 12 U.S.C.A. § 588b. It alleged that the offense was committed on or about July 24, 1936, in the Northern Division of the State and District of South Dakota; that immediately after the commission...

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