Looney v. Romero

STONE, Circuit Judge.

This is an appeal from a judgment discharging a writ of habeas corpus filed by the appellant to prevent his removal to the Southern district of Illinois for trial under an indictment there charging him with having transported a stolen automobile in interstate commerce; knowing it to be stolen. Two points are here urged. The first is that there was no evidence of probable cause in that there was no evidence tending to show that any automobile was, in fact, stolen. The indictment was prima facie evidence of that fact. Gayon v. McCarthy, 252 U. S. 171, 173, 40 S. Ct. 244, 64…