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OWENS v. HUNTER

No. 3643.

169 F.2d 971 (1948)

OWENS v. HUNTER.

Circuit Court of Appeals Tenth Circuit.

Rehearing Denied October 21, 1948.

Attorney(s) appearing for the Case

W. F. Smith, of Oklahoma City, Okl., for appellant.

Randolph Carpenter, U. S. Atty. and Eugene W. Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Carl E. Owens, hereinafter referred to as petitioner, was indicted in the United States Court for Northern Texas, charged with the transportation in interstate commerce of a stolen automobile in violation of 18 U.S.C.A. § 408. He was convicted, sentenced to imprisonment, and confined in the federal penitentiary at Leavenworth, Kansas, for service of the sentence. He instituted this proceeding in habeas corpus to effectuate his discharge...

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