WARNER v. HERITAGE

No. 15925.

256 F.2d 502 (1958)

David O. WARNER, Appellant, v. D. M. HERITAGE, Warden, United States Penitentiary, McNeil Island, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

May 27, 1958.


Attorney(s) appearing for the Case

David O. Warner in pro. per.

Charles P. Moriarty, U. S. Atty., Seattle, Wash., Charles Billinghurst, Asst. U. S. Atty., Tacoma, Wash., for appellee.

Before STEPHENS, Chief Judge, and DENMAN and BARNES, Circuit Judges.


PER CURIAM.

Warner appeals from the denial of his application for a writ of habeas corpus seeking his release from imprisonment on conviction of murder in the second degree by the United States District Court for the District of Alaska. He contends that the remedy by motion under § 2255 "is inadequate or ineffective to test the legality of his detention."

Warner claims that he is entitled to a remedy by habeas corpus because he has filed five different...

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