STREWL v. SANFORD

No. 11430.

151 F.2d 648 (1945)

STREWL v. SANFORD, Warden.

Circuit Court of Appeals, Fifth Circuit.

October 20, 1945.


Attorney(s) appearing for the Case

Wesley R. Asinof, of Atlanta, Ga., for appellant.

M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


PER CURIAM.

The petition for habeas corpus asserts that the court had not jurisdiction to try petitioner because the indictment on which he was arraigned charged a crime barred by limitation and was found at the same term of court at which a timely indictment had been found insufficient, whereas the law as it then stood, Act of May 10, 1934, § 1, 48 Stats. 772, 18 U.S. C.A. § 587, provided only for a new indictment at the next succeeding term. United States...

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