No. 19191.

302 F.2d 151 (1962)

Robert B. BARRETT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 15, 1962.

Attorney(s) appearing for the Case

Robert B. Barrett, #74496-L, for appellant.

Donald H. Fraser, Asst. U. S. Atty., Savannah, Ga., for appellee.

Before HUTCHESON, CAMERON and GEWIN, Circuit Judges.


The defendant filed petition to vacate sentence pursuant to Title 28 U.S.C. § 2255 and the same was denied by the trial court. The appellant claimed in his petition that his constitutional rights were denied him because: (a) he was prosecuted for a capital offense upon a criminal information and not an indictment; (b) that waiver of indictment and venue were not binding upon him and did not confer power on...

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