LEE, Circuit Judge.
This is an appeal from a judgment discharging a writ of habeas corpus issued by the court below upon the petition of appellant, and remanding appellant to the custody of the warden of the United States penitentiary in Atlanta, Georgia.
The facts are: On October 23, 1942, petitioner was sentenced, following conviction of a local crime, to a term of two to ten years in the West Virginia State prison at Moundsville, West Virginia. On or about...
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