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COMMACK v. BUSH

No. 10808.

175 F.2d 128 (1949)

COMMACK v. BUSH, Warden.

United States Court of Appeals Sixth Circuit.

June 2, 1949.

Attorney(s) appearing for the Case

Perry A. Maynard, Lansing, Mich., for appellee. Stephen J. Roth, and Edmund E. Shepherd Lansing, Mich., on the brief.

Earl Commack, in pro per.

Before SIMONS, MARTIN and MILLER, Circuit Judges.

SIMONS, Circuit Judge.

The appeal is from an order denying a petition for writ of habeas corpus by one serving a sentence for rape imposed in the Circuit Court for the County of Macomb, Michigan. We are met at the outset by motions made by the State Attorney General on behalf of the warden, to dismiss the appeal on jurisdictional grounds because of refusal by the district judge to grant a certificate of probable cause for...

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