JOHNSON v. UNITED STATES

No. 12954.

239 F.2d 636 (1956)

Archie Neal JOHNSON and Earl T. Adams, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

December 18, 1956.


Attorney(s) appearing for the Case

George R. Smith, Lexington, Ky., for appellants.

Henry J. Cook, U. S. Atty., John M. Kelly and Marvin D. Jones, Asst. U. S. Attys., Lexington, Ky., for appellee.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.


PER CURIAM.

Upon their pleas of guilty to two counts of an indictment under 18 U.S. C.A. § 2312, the appellants received consecutive five-year prison sentences on each count. They subsequently filed motions to set aside their sentences pursuant to 28 U.S.C.A. § 2255, upon the ground that the indictment was insufficient to sustain a conviction or support a plea of guilty because each count failed to state the motor number of the automobile stolen. This is...

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