UNITED STATES v. ROBERTS

No. 8227.

296 F.2d 198 (1961)

UNITED STATES of America, Appellee, v. Chester Lewis ROBERTS, Appellant.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1961.


Attorney(s) appearing for the Case

William R. Cogar, Richmond, Va. (Court-assigned counsel), for appellant.

Harvey B. Cohen, Asst. U. S. Atty., Alexandria, Va. (Joseph S. Bambacus, U. S. Atty., Richmond, Va., on the brief), for appellee.

Before SOPER and HAYNSWORTH, Circuit Judges, and HARRY E. WATKINS, District Judge.


HAYNSWORTH, Circuit Judge.

In this collateral attack upon his conviction, this federal prisoner seeks to raise a question of the sufficiency of the indictment. While the indictment was objectionable and probably would have been held insufficient on motion made before trial, the question was not raised then and is not now open for consideration in a collateral proceeding.

The defendant was convicted upon each of two counts in an indictment which charged him...

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