Casebeer v. Hudspeth

BRATTON, Circuit Judge.

Edward Casebeer, hereinafter called petitioner, was found guilty of robbing a national bank with firearms. He appealed and the judgment was affirmed. Casebeer v. United States, 10 Cir., 87 F.2d 668. Commitment issued under which petitioner is confined in the federal penitentiary at Leavenworth, Kansas, and he now appeals from an order of the court below denying his petition for a writ of habeas corpus to effect his discharge.

It was alleged in the petition and the reply, considered together, that petitioner was convicted in the criminal case upon perjured testimony given…