United States ex rel. Nusbaum v. Craig

HAZEL, District Judge.

The relator, Max Nusbaum, in his petition for writ alleges that he is unlawfully deprived of his liberty at the Monroe County Penitentiary without any legal authority whatever; that at the Jamestown term of this court he pleaded guilty generally to a violation of section 593 of the Tariff Act of 1922 (Comp. St. Ann. Supp. 1923, §§ 5841M.2, 5841KL3), and that the indictment against him does not charge the commission of a crime, and accordingly his plea of guilty thereto was illegal and void and against his constitutional rights. The government has filed its return denying…