SWOPE v. McDONALD

No. 12044.

173 F.2d 852 (1949)

SWOPE, Warden, v. McDONALD.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 13, 1949.


Attorney(s) appearing for the Case

Frank J. Hennessy, U.S.Atty. and Joseph Karesh, Asst.U.S.Atty., both of San Francisco, Cal., for appellant.

Walter McDonald, in pro. per., and Wayne M. Collins, of San Francisco, Cal., for appellee.

Before MATHEWS, STEPHENS, HEALY, BONE, ORR, and POPE, Circuit Judges, and FEE, District Judge.


HEALY, Circuit Judge.

This is an appeal by the warden of Alcatraz prison from an order, granted by Judge Denman of this court, directing the discharge of appellee McDonald from custody on his petition for habeas corpus. 79 F.Supp. 30.

On the same claim of deprival of counsel and on substantially the same showing as is made here the Court of Appeals of the Tenth Circuit has twice...

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