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UNITED STATES v. RIDER

No. 16559.

282 F.2d 476 (1960)

UNITED STATES of America, Appellant, v. Benny Marion RIDER, Appellee.

United States Court of Appeals Ninth Circuit.

September 16, 1960.

Attorney(s) appearing for the Case

Krest Cyr, U. S. Atty., Jack H. Bookey, Asst. U. S. Atty., Butte, Mont., for appellant.

Harry L. Burns, Bernard W. Thomas, Chinook, Mont., for appellee.

Before MATHEWS, JERTBERG and KOELSCH, Circuit Judges.

KOELSCH, Circuit Judge.

The government appeals from an order of the District Court granting a motion by Benny Marion Rider under 28 U.S. C.A. § 2255 to vacate a judgment under which he was sentenced to fifteen years imprisonment for the crime of rape. The question presented on this appeal is whether the information under which Rider was tried and convicted failed to vest jurisdiction in the trial court because it did not state any offense against the laws of...

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