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SUBAS v. HUDSPETH

No. 2288.

122 F.2d 85 (1941)

SUBAS v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

July 19, 1941.

Attorney(s) appearing for the Case

Norman W. Baker, of Denver, Colo., for appellant.

Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

By proceedings in habeas corpus the appellant sought discharge from further custody on an offense for which he had been sentenced on January 7, 1922. The trial court denied the writ and he has appealed.

On December 27, 1921, the appellant was indicted in the District Court for the Eastern District of New York in case Number 8134. The indictment contained three counts, charging violations of the counterfeiting laws. The case was tried...

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