United States Ex Rel. Cook v. Dowd, Warden

DUFFY, Circuit Judge.

Petitioner Cook filed a petition for a writ of habeas corpus in the United States District Court for the Northern District of Indiana. Respondent filed a motion to dismiss which was granted June 24, 1948. Thereafter petitioner was granted leave to file an amended petition for a writ of habeas corpus. Respondent again filed a motion to dismiss, but this motion was denied. After respondent filed his return and ■answer a hearing was held, and on February 28, 1949, the court rendered its decision and ordered the petitioner discharged from custody.

Petitioner ivas convicted of…