SWIHART v. JOHNSTON

No. 10969.

150 F.2d 721 (1945)

SWIHART v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 17, 1945.


Attorney(s) appearing for the Case

Ralph Swihart, of Alcatraz Island, Cal., in pro. per.

Frank J. Hennessy, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GARRECHT, MATHEWS, and STEPHENS, Circuit Judges.


MATHEWS, Circuit Judge.

In the District Court of the United States for the Eastern District of Oklahoma, hereafter called the Oklahoma court, appellant was indicted for violating section 1 of the Act of February 13, 1913, c. 50, 37 Stat. 670, as amended by the Act of January 21, 1933, c. 16, 47 Stat. 773, 18 U.S.C.A. § 409. The indictment was in two counts. Appellant was arraigned, pleaded not guilty and was tried and found guilty on both counts. Thereupon, on...

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