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BINKLEY v. HUNTER

No. 3708.

170 F.2d 848 (1948)

BINKLEY v. HUNTER, Warden.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 10, 1948.

Attorney(s) appearing for the Case

Donald H. Latshaw, of Kansas City, Mo. (Louis R. Gates, of Kansas City, Kan., on the brief), for appellant.

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

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal by Homer Binkley from the judgment of the trial court discharging a writ of habeas corpus and remanding him to the custody of appellee, Walter A. Hunter, Warden of the United States Penitentiary at Leavenworth, Kansas.

Appellant was tried and convicted of the aggravated offense of bank robbery, 12 U.S.C.A. §§ 588b and 588c [now 18 U.S. C.A. § 2113]. The jury, in returning its verdict of guilty, made no...

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