PHILLIPS, Chief Judge.
This is an appeal from an order dismissing an application for a writ of habeas corpus.
An indictment containing three counts was returned against Gebhart in the United States District Court for the District of Nebraska, Lincoln Division. The first count charged that Gebhart, on August 25, 1934, in such Lincoln Division, with a pistol which he held, put in fear Frank M. Farr and Mayme Erickson, and thereby took from them $1535.40 in money...
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