GILLESPIE v. HUNTER

No. 3351.

159 F.2d 410 (1947)

GILLESPIE v. HUNTER, Warden.

Circuit Court of Appeals, Tenth Circuit.

January 16, 1947.


Attorney(s) appearing for the Case

Jean J. Jacobucci, of Denver, Colo., for appellant.

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

Before BRATTON and MURRAH, Circuit Judges, and CHANDLER, District Judge.


CHANDLER, District Judge.

This is a proceeding in habeas corpus instituted by Harold Gillespie to secure his release from confinement in the federal penitentiary at Leavenworth, Kansas. The trial court denied the petition for the writ, and petitioner has appealed.

The facts are not in dispute. Petitioner was indicted in the United States Court for Colorado for violation of the National Motor Vehicle Theft Act, 18 U.S.C.A. § 408. On December 20, 1943,...

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