PHILLIPS, Chief Judge.
This is an appeal from an order discharging a writ of habeas corpus. Bickford, hereinafter referred to as the petitioner, was charged by indictment containing two counts, returned in the United States District Court for the District of Arizona, March 13, 1947. The first count charged a violation of 18 U. S.C. § 408, 1940 Ed.
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