Biddle v. Wilmot

TRIEBER, District Judge.

This is an appeal from an order of the District Court discharging the appellee from confinement in the penitentiary at Leavenworth,'Kan., upon a petition of habeas corpus.

The material facts in the petition are that he is unlawfully detained in prison by the appellant; that he had been indicted in the District Court of the United States for the Northern District of California for having violated section 117 of the Penal Code (Comp. St. § 10287) by accepting bribes while a prohibition agent of the United States.

There were three counts in the indictment; the first count,…