BYARS v. SWENSON

No. 6291.

192 F.2d 739 (1951)

BYARS v. SWENSON, Warden.

United States Court of Appeals Fourth Circuit.

Decided November 29, 1951.


Attorney(s) appearing for the Case

John P. Byars, pro se.

Kenneth C. Proctor, Asst. Atty. Gen. of Maryland (Hall Hammond, Atty. Gen. of Maryland, on the brief) for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and MOORE, District Judge.


PER CURIAM.

This is an appeal from an order denying a writ of habeas corpus. Appellant is imprisoned in the Maryland Penitentiary under a sentence imposed by a Maryland state court; and his contention is that the sentence was not authorized by the charge contained in the indictment against him. We think that the contention is without merit; but, aside from this, the action of the District Judge was unquestionably correct, since the question presented was one of state...

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