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COLSON v. JOHNSTON

No. 23241-W.

35 F.Supp. 317 (1940)

COLSON v. JOHNSTON, Warden.

District Court, N. D. California, S. D.

July 26, 1940.

Attorney(s) appearing for the Case

Harold C. Faulkner, of San Francisco, Cal., for petitioner.

Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U.S. Atty., both of San Francisco, Cal., for respondent.

MARTIN I. WELSH, District Judge.

Petitioner, James Colson, along with several co-defendants, was indicted during the April term of 1921 in the Western Division of the Northern District of Ohio under Section 197 of the Criminal Code (Title 18 U.S.C., Sec. 320, 18 U.S.C.A. § 320) providing that "Whoever shall assault any person having lawful charge, control, or custody of any mail matter, with intent to rob, steal, or purloin such mail matter or any part thereof...

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