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SIMMONS v. UNITED STATES

No. 15867.

253 F.2d 909 (1958)

D. A. SIMMONS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 18, 1958.

Attorney(s) appearing for the Case

F. Neil Aschemeyer, Clayton, Mo., for appellant.

O. J. Taylor, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal in forma pauperis by D. A. Simmons, Jr., hereinafter called appellant, from order denying his petition for a writ of habeas corpus ad subjiciendum. Appellant was indicted in the federal court for the Western District of Oklahoma on February 16, 1955, on the charge of violating 18 U.S.C.A. § 2312. The indictment charged the crime was committed on December 28, 1954. Appellant...

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