Aderhold v. Pace

BRYAN, Circuit Judge.

This is an appeal by the warden of the Atlanta penitentiary from an order granting the writ of habeas corpus and discharging William E. Pace, a prisoner, from custody. On his plea of guilty to an indictment which charged him with unlawfully selling on January 11, 1932, “intoxicating liquor, to-wit whiskey,” but without alleging the quantity sold, Pace was sentenced to imprisonment in the penitentiary for the period of one year and a day. After serving more than six months, he sued out a writ of habeas corpus/ contending that the sentence in excess of six months was void,…