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POWELL v. HUNTER

No. 3741.

172 F.2d 330 (1949)

POWELL v. HUNTER.

United States Court of Appeals. Tenth Circuit.

January 19, 1949.

Attorney(s) appearing for the Case

Joe T. Powell, pro se.

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 MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

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

Three indictments were returned against Powell, the petitioner, in the United States District Court for the Eastern District of Tennessee. The first indictment, No. 7545, contained two counts, one charging a violation of 18 U.S.C.A. § 88 [now § 371], and the other a violation of 18 U.S.C.A. § 408a [now § 1201]. On November 10, 1937, he entered a...

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