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HILLIARD v. JOHNSTON

No. 27567.

73 F.Supp. 956 (1947)

HILLIARD v. JOHNSTON, Warden.

District Court, N. D. California, S. D.

October 20, 1947.

Attorney(s) appearing for the Case

Frank Hennessey, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for the United States.

HARRIS, District Judge.

Petitioner, in effect, seeks to retry the issues involved in a prosecution under 18 U.S.C.A. § 400. The sordid facts were fully tried by a District Court and jury resulting in petitioner's conviction (Exhibit "A" attached to Return to Order to Show Cause). Later an appeal was prosecuted wherein many, if not all, of the grounds presently urged were considered by the 4th Circuit. Hilliard v. United States, 121 F.2d 992

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