United States v. Benny Marion Rider

KOELSCH, Circuit Judge.

The government appeals from an order of the District Court granting a motion by Benny Marion Rider under 28 U.S. C.A. § 2255 to vacate a judgment under which he was sentenced to fifteen years imprisonment for the crime of rape. The question presented on this appeal is whether the information under which Rider was tried and convicted failed to vest jurisdiction in the trial court because it did not state any offense against the laws of the United States.1

The charging part of the information, so far as material, reads as follows;

“That * * * within the exterior boundaries…