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199 F.2d 26

Docket No. 4509.

Paul v. Waters

Tenth Circuit Court of Appeals

Decided Sept. 5, 1952.

Tenth Circuit Court of Appeals · decided 1952-09-05

Cited by 1 later decisions — most recently September 1952

1 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1952-09-05

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¶1Appellant filed a brief pro se.

¶2No appearance by appellee.

¶3Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal from an order discharging a writ of habeas corpus.

¶6At the hearing below the petitioner appeared in person and testified in his own *27behalf. One other witness appeared in person and testified in behalf of the petitioner, The respondent offered no evidence. The trial court made no general or specific findings of fact. We are of the opinion that this court should not undertake to pass upon the issues presented without the benefit ■of specific findings by the trial court, who, having had an opportunity to observe the witnesses while on the stand and their de.meanor while testifying, is in a much better postition than is this court to judge their credibility.

¶7. , , . . . The cause is remanded, with instructions do vacate the judgment and make specific .findings of fact.

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