CAPONE v. ADERHOLD

No. 426.

2 F.Supp. 280 (1933)

CAPONE v. ADERHOLD, Warden.

District Court, N. D. Georgia.

January 25, 1933.


Attorney(s) appearing for the Case

William E. Leahy and William J. Hughes, Jr., both of Washington, D. C., for petitioner.

Hal Lindsay, Asst. U. S. Atty., of Atlanta, Ga., G. A. Youngquist, Asst. Atty. Gen., and Dwight H. Green, U. S. Atty., of Chicago, Ill., for respondent.


UNDERWOOD, District Judge.

This is a proceeding on application for writ of habeas corpus, wherein petitioner claims that he is unlawfully detained and restrained of his liberty by the respondent on the ground that the sentence under which he is held is void because beyond the jurisdiction of the trial court to impose.

Respondent filed a motion to dismiss the petition for insufficiency appearing on its face. The hearing was on this motion, and the facts as...

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