McGANN v. UNITED STATES

No. 7517.

249 F.2d 431 (1957)

Clarence Duke McGANN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 13, 1957.


Attorney(s) appearing for the Case

Mathias J. DeVito, Baltimore, Md., for appellant.

Clarence Duke McGann, pro se, on brief, and John R. Hargrove, Asst. U. S. Atty., Baltimore, Md. (Leon H. A. Pierson, U. S. Atty., Baltimore, Md., on brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.


PER CURIAM.

This is an appeal from an order denying what is denominated a petition for writ of habeas corpus but which was properly treated by the District Judge as a motion for relief under 28 U.S.C. § 2255. Appellant had pleaded guilty to a charge of armed bank robbery in violation of the provisions of 18 U.S.C. § 2113. He contends that the indictment does not charge a crime because the bank which he is charged with robbing is described as located on an...

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