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63 F. 261

Docket No. 77.

Ex parte Dinsmore

Fourth Circuit Court of Appeals

Decided October 2, 1894.)

Fourth Circuit Court of Appeals · decided 1894-10-02

<p>Appeal from the Circuit Court of the United States for the District of Maryland.</p> <p>Application of Frank A. Dimanare for discharge under writ of habeas corpus. Writ denied, and petitioner appeals.</p>

Cited by 2 later decisions — most recently May 1902

1 federal appellate · 1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by Nathan Goff · Decided 1894-10-02

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¶1Appeal from the Circuit Court of the United States for the District of Maryland.

¶2Application of Frank A. Dimanare for discharge under writ of habeas corpus. Writ denied, and petitioner appeals.

¶3William Pinkney Whyte, for appellant.

¶4John P. Poe, for appellee.

¶5Before GOFF and SIMONTON, Circuit Judges, and HUGHES, District Judge.

¶6GOFF, Circuit Judge.

¶7This case is similar to the Case of Hart (decided at the present term) 03 Fed. 249. The requisitions, and the pax>ers accompanying them, are, in substance, tlie same, Tlie information filed in the superior court of the state of Washington for Pierce county, attached to the requisition issued in the Case of Hart, was against Hart and this petitioner. Tn fact the transactions are the same, and the proceedings to secure the arrest, and removal of the parties are based on the same character of papers. The demand made by the governor of the state of Washington recites that lie acts upon the copy of an information (which appears in full in the Hart Case), and the governor of the state of Maryland issued his warrant for removal based upon said copy. We do not deem it necessary to set forth Die papers found in the record in full, nor to repeat Uio reasons .assigned in said Hart Case for holding the warrants defective and void. We refer to that case for the facts and the conclusions we reached. For the reasons there set forth, the judgment of the circuit court will be reversed, and the petitioner will be discharged from arrest.

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