Herbert William Martin v. United States

HUXMAN, Circuit Judge.

Appellant Herbert William Martin was convicted of violating 18 U.S.C.A. §§ 371 and 2114. He has appealed from the trial court’s denial of his motion under 28 U.S.C.A. § 2255 to vacate the sentences imposed.

Only counts one and two of the three count indictment need be noted. Count one charged him with assaulting Mrs. Eva E. Poison with intent to rob and steal mail matter and monies belonging to the United States in her possession.

Count two charged him with robbing her by putting her life in jeopardy through the use of a dangerous weapon. Both counts charged that she had…