BENNETT v. HUNTER

No. 3276.

155 F.2d 223 (1946)

BENNETT v. HUNTER, Warden.

Circuit Court of Appeals, Tenth Circuit.

April 27, 1946.


Attorney(s) appearing for the Case

Frank Bruno, of Denver, Colo. (Byron G. Rogers, of Denver, Colo., on the brief), for appellant.

Eugene Davis, Asst. U. S. Atty., of Topeka, Kan. (Randolph Carpenter, U. S. Atty., of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


PHILLIPS, Circuit Judge.

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

An indictment containing five counts was returned against Bennett, hereinafter called petitioner, in the District Court of the United States for the Western District of Missouri. Each count charged a violation of 26 U.S.C.A. Int.Rev.Code, § 2554(g). On May 19, 1942, petitioner appeared, in person and by his counsel...

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