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BERKOFF v. HUMPHREY

No. 13451.

159 F.2d 5 (1947)

BERKOFF v. HUMPHREY, Warden.

Circuit Court of Appeals, Eighth Circuit.

February 1, 1947.

Attorney(s) appearing for the Case

Fred R. Wright, of Milwaukee, Wis., and Donald D. Harries of Duluth, Minn., for appellant.

James J. Giblin, Asst. U. S. Atty., of St. Paul, Minn. (Victor E. Anderson, U. S. Atty., of St. Paul, Minn., on the brief), for appellee.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

The broad question for decision is whether the District Court erred in denying appellant's petition for a writ of habeas corpus.

The appellant was indicted in the United States District Court for the Eastern District of Wisconsin, on a charge of having made false representations in a matter within the jurisdiction of the Collector of Internal Revenue. The indictment was based on § 80, Title 18 U.S.C.A.1

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