BLACKWOOD v. UNITED STATES

No. 12501.

138 F.2d 461 (1943)

BLACKWOOD v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 26, 1943.


Attorney(s) appearing for the Case

James A. Bradley and McKay & McKay, all of Kennett, Mo., for appellant.

Harry C. Blanton, U. S. Atty., of Sikeston, Mo., for appellee.

Before WOODROUGH, THOMAS, and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

This is an appeal from an order denying a motion, filed in 1942, to vacate or correct a twenty-five-year sentence imposed upon appellant after a trial and conviction by a jury in 1931.

The motion alleges, as its general basis, that "the indictment charges no offense against any statute of the United States, which authorizes a penalty in excess of ten years." Appellant has been committed to a federal penitentiary since his sentence in...

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