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MARTENEY v. UNITED STATES

Nos. 4869, 4870.

216 F.2d 760 (1954)

Wayne S. MARTENEY, Appellant, v. UNITED STATES of America, Appellee. C. M. HENDERSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

November 3, 1954.

Attorney(s) appearing for the Case

Emmet A. Blaes, Wichita, Kan. (A. Lewis Oswald, Hutchinson, and Roetzel Jochems, Wichita, Kan., were with him on the brief), for appellants.

William C. Farmer, Wichita, Kan. (Richard J. Blanchard, Washington, D. C., was with him on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

After having been sentenced and committed on pleas of guilty to separate counts of an indictment intending to charge violations of Section 2314, Title 18 U.S.C., the appellants separately moved to arrest the judgments on the grounds that the counts involved in the indictment failed to charge a federal offense. Treating the pleadings as motions to vacate under Section 2255, Title 28 U.S.C., the trial...

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