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HARRIS v. HUNTER

No. 3699.

170 F.2d 552 (1948)

HARRIS v. HUNTER.

United States Court of Appeals Tenth Circuit.

October 26, 1948.

Attorney(s) appearing for the Case

Joseph E. Newman, of Denver, Colo., 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 BRATTON and HUXMAN, Circuit Judges.

PHILLIPS, Chief Judge.

This is an appeal from an order discharging a writ of habeas corpus.

Harris, the petitioner, while serving a seven-year military sentence in the United States Disciplinary Barracks, at Fort Leavenworth, Kansas, escaped. He was apprehended in Oklahoma City, Oklahoma. Thereafter, on January 30, 1947, an indictment was returned in the District Court of the United States for the Western District of Oklahoma charging him with the violation...

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