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O'CONNOR v. HERITAGE

No. 18908.

306 F.2d 458 (1962)

Charles E. O'CONNOR, Appellant, v. David M. HERITAGE, Warden, United State Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

July 24, 1962.

Attorney(s) appearing for the Case

Charles E. O'Connor, U. S. Penitentiary, Harold E. Abram, Atlanta, Ga., for appellant.

Chas. D. Read, Jr., U. S. Atty., Robert G. Hunt, Asst. U. S. Atty., Atlanta, Ga., Harold H. Greene, Atty., Howard Glickstein, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before BROWN, GEWIN and BELL, Circuit Judges.

PER CURIAM.

This appeal from a denial of a petition for writ of habeas corpus brings into question the power of Judge Joseph R. Jackson, retired from the Court of Customs and Patent Appeals, to exercise the judicial functions of a United States District Judge envisioned in Article III of the Constitution.

In March 1959, after a trial by a jury in the United States District Court for the District of Columbia, with Judge Jackson presiding, O'Connor was convicted...

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