Graham v. Carr

MATHEWS, Circuit Judge.

This appeal is from an order discharging a writ of habeas corpus. Appellant1 petitioned for the writ on June 23, 1939. The writ was issued forthwith. It was directed to appellee,2 in whose custody the petition alleged appellant was detained. The writ commanded appellee to make return thereof on June 27, 1939, and at the same time to bring the body of appellant before the judge3 who had granted the writ. Appellee made return of the writ as commanded, but did not produce the body of appellant. The return stated: “ * * * I [appellee] am unable to produce the body of Marcus…