Burk v. United States

This is an appeal from the denial of a motion under 28 U.S.C.A. § 2255 to set aside a judgment and sentence of imprisonment. The only point raised by the appeal is whether the indictment was sufficient in view of the fact that it merely charged the crime as having been committed within the District without specifying the county or division within which it was committed. We have examined the indictment and think it clearly sufficient, as it charges the commission of the crime within the district of the court’s jurisdiction. Lowrey v. United States, 8 Cir., 161 F.2d 30. Rule 58 and Illustrative…