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JOHNSTON v. McDONALD

No. 11210.

157 F.2d 275 (1946)

JOHNSTON, Warden, v. McDONALD. McDONALD v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

August 30, 1946.

Attorney(s) appearing for the Case

Frank J. Hennessy, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for appellant Johnston.

Wayne M. Collins, of San Francisco, Cal., for appellant McDonald.

Before GARRECHT, MATHEWS, and ORR, Circuit Judges.

MATHEWS, Circuit Judge.

In the District Court of the United States for the Eastern District of Michigan, hereafter called the Michigan court, Walter McDonald and Otto Barnowski were indicted in six counts. Count 1 charged a violation of 12 U.S.C.A. § 588b(a). The other counts charged violations of 12 U.S. C.A. § 588b(b). Both defendants were tried and found guilty on all counts of the indictment. Thereupon, on January 26, 1939, the Michigan court entered...

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