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UNITED STATES v. MURPHY

No. 11167.

217 F.2d 247 (1954)

UNITED STATES of America ex rel. Francis SPELLMAN, Jr., Plaintiff-Appellee, v. Glenn MURPHY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

December 13, 1954.

Attorney(s) appearing for the Case

Latham Castle, Atty. Gen., Edward M. White, Asst. Atty. Gen., William C. Wines, Raymond S. Sarnow, A. Zola Groves, Asst. Attys. Gen., of counsel, for appellant.

Louis R. Gilbert, Rockford, Ill., Miller. Thomas, Hickey & Collins, Rockford, Ill., for appellee.

Before DUFFY, Chief Judge, and MAJOR and LINDLEY, Circuit Judges.

DUFFY, Chief Judge.

Relator was in custody at the Illinois State Farm, a state penal institution. He petitioned for a writ of habeas corpus contending that he was apprehended, convicted and incarcerated while he was in the custody of a United States Marshal pursuant to the terms of probation imposed upon him by the United States District Court for the Northern District of Illinois, Western Division, and claimed that his incarceration in the state institution was,...

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