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DAWES v. GOUGH

No. 12449.

170 F.2d 396 (1948)

DAWES v. GOUGH, Acting Warden.

United States Court of Appeals Fifth Circuit.

November 4, 1948.

Attorney(s) appearing for the Case

Allen E. Lockerman, of Atlanta, Ga., for appellant.

J. Ellis Mundy, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellee.

Before HUTCHESON, SIBLEY, and LEE, Circuit Judges.

SIBLEY, Circuit Judge.

William E. Dawes, imprisoned in the United States Penitentiary at Atlanta, sought habeas corpus on the ground that the sentence on which he is held rests upon a count of an indictment which count charges him with no crime. The warden was ordered to show cause why the writ should not issue, and on the hearing the writ was denied on the authority of Aderhold v. Hugart, 5 Cir., 67 F.2d 247, Farnsworth v. Zerbst...

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