Story v. Hunter

PHILLIPS, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus.

Story, hereinafter referred to as the petitioner, was charged by indictment returned March 18, 1943, in the District Court of the United States, District of South Dakota, Southern Division, with bank robbery by force and violence in violation of 12 U.S.C.A. § 588b. He was tried and found guilty. On April 22, 1943, he appeared in person and by counsel and was sentenced to imprisonment for a period of 20 years, and committed to the custody of the Attorney General.

In his application for the writ,…