MILLS v. HUNTER

No. 4599.

204 F.2d 468 (1953)

MILLS v. HUNTER, Warden.

United States Court of Appeals Tenth Circuit.

April 28, 1953.


Attorney(s) appearing for the Case

Sherman G. Finesilver, Denver, Colo., for appellant.

Charles H. Rooney, Asst. U. S. Atty., Topeka, Kan. (Eugene W. Davis, U. S. Atty., Topeka, Kan., on the brief), for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.


BRATTON, Circuit Judge.

Fred Otis Mills, hereinafter referred to as petitioner, instituted this proceeding in habeas corpus against Walter A. Hunter, warden of the federal penitentiary at Leavenworth, Kansas. The cause was submitted to the court on facts not in controversy. Judgment was entered denying the petition for the writ and remanding petitioner to the custody of the warden. Petitioner appealed.

On February 4, 1949, in a cause pending in the United...

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