Norton v. Zerbst

McDERMOTT, Circuit Judge.

This is an appeal from an order sustaining a motion to dismiss a petition for a writ of habeas corpus. Petitioner was indicted on two counts. The first charged that he robbed James Adams, clerk in charge of a postal substation of property belonging to the United States, to wit, $122.72 of postal funds, $431.99 of money order funds, and 200 postal money order forms. He was convicted and sentenced to five years in the penitentiary on this count, which he has served.

The second count charges that on the same day petitioner “did unlawfully, wilfully, feloniously and…