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MARSHALL v. UNITED STATES

No. 269-69.

423 F.2d 1315 (1970)

Cleburn Lee MARSHALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

March 23, 1970.

Attorney(s) appearing for the Case

James G. Beasley, Wichita, Kan., for appellant.

Bernard V. Borst, Asst. U. S. Atty, (Robert J. Roth, U. S. Atty., was with him on the brief) for appellee.

Before LEWIS, HILL and HOLLOWAY, Circuit Judges.

LEWIS, Circuit Judge.

Appellant Marshall has challenged his conviction of a Dyer Act offense, 18 U. S.C. § 2312, after trial by jury in the United States District Court for the District of Kansas and sentence imposed under the Federal Youth Corrections Act. 18 U.S.C. § 5010(b). After refinement of the parties' contentions we consider the appellate questions to be:

Did the court err in conducting an adversary hearing in probing the grounds claimed...

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