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CLEMMER v. ALEXANDER

No. 16437.

295 F.2d 176 (1961)

Donald C. CLEMMER, Director, Department of Corrections for the District of Columbia, Appellant, v. Nathan H. ALEXANDER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 28, 1961.

Attorney(s) appearing for the Case

Mr. Richard W. Barton, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellant.

Mr. Robert E. L. Richardson, Washington, D. C., with whom Mr. George W. Shadoan, Washington, D. C., was on the brief, for appellee.

Before FAHY, BASTIAN and BURGER, Circuit Judges.

FAHY, Circuit Judge.

The question is whether the Indigent Prisoners' Act, set forth in pertinent part in the margin,1 is applicable to an indigent prisoner sentenced by the Municipal Court of the District of Columbia on a conviction of vagrancy, infra n. 7. The District Court held that the Act was applicable and ordered appellee restored to his liberty upon compliance with its pauper's oath provision...

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