Hudspeth v. United States

Upon an appeal from an order denying a petition for the vacation of a sentence under Title 28 U.S.C.A. § 2255, it appears that the appellants were sentenced for violation of a bank robbery statute, Title 12 U.S.C.A. § 588(.b). 1 The indictment contained two counts in pursuance of subsections (a) and (b) and the appellants were sentenced for the term provided by subsection (b).

The ground for the petition and principal basis for the appeal is .that the second count in the indictment failed to allege criminal intent. The argument is without merit. Since both subsections define but a single…