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ROSSELLI v. SANFORD

No. 11575.

155 F.2d 427 (1946)

ROSSELLI v. SANFORD, Warden.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 18, 1946.

Attorney(s) appearing for the Case

David Gertler, of New Orleans, La., and F. L. Breen, of Atlanta, Ga., for appellant.

M. Neil Andrews, U. S. Atty., and Harvey H. Tisinger and John J. Flynt, Jr., Asst. U. S. Attys., all of Altanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

Insisting that the United States, by demurring to a plea of limitation interposed by plea in bar, had admitted the truth of the facts pleaded, and that it thus appears of record that the sentencing court was without jurisdiction to try him, appellant sued out a writ of habeas corpus. The writ denied, he is here making the same contention.

We think it plain that there is no merit in the claim...

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