Carter

Carter v. Johnston

Good Law
145 F.2d 882·1944 U.S. App. LEXIS 2698
United States Court of Appeals for the Ninth CircuitDecember 6, 1944No. 10794California1,232 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from an order dismissing appellant’s petition to the district court for the issuance of a writ of habeas corpus.

The petition alleged that petitioner and another person had been indiGted by the grand jury at the United States District Court for the Western District of Oklahoma for robbery from First National Bank of Okeene, Oklahoma, of $1,165.25' belonging to that bank, in violation of 12 U.S.C.A. § 588b. In aggravation and in violation of § 588c the indictment charged that “said defendants did, in the commission of said offense of feloniously stealing and carrying away of the moneys in the robbery of said First National Bank of Okeene, Oklahoma, and in avoiding apprehension for such offense, force certain persons then employees of said bank, to-wit, C. C. Wisdom, Vice President and Cashier, and Hanna B. Wisdom, bookkeeper, through the display and use of firearms to accompany them, the said defendants, from the house of said banking institution to a point about one and one-half miles east of Okeene, Oklahoma, the actual place being to the Grand Jurors unknown, without the consent and against the will of the said employees.”

The petition further alleged that…

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