Opinion
No. 8049.
February 10, 1939.
Appeal from the District Court of the United States for the Eastern District of Kentucky; H. Church Ford, Judge.
John T. Metcalf, U.S. Atty., of Lexington, Ky., for appellant.
No appearance for appellee.
Before HICKS, SIMONS and ALLEN, Circuit Judges.
The judgment is reversed upon the authority of Zerbst, Warden, v. Kidwell, 304 U.S. 359, 58 S.Ct. 872, 82 L.Ed. 1399, 116 A.L.R. 808, and the case is remanded to the District Court for proceedings in conformity with that opinion.