HEALY, Circuit Judge.
The appeal is from an order denying a petition for a writ of habeas corpus.
In 1930 there was imposed on appellant a twenty-five year sentence for violating section 197 of the Criminal Code, 18 U.S.C. A. § 320. He now claims that the court had jurisdiction to impose a sentence of ten years only, and that the sentence is void as to the excess.
The statute provided that "whoever shall assault any person having lawful charge...
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