Biddle v. Luvisch

TRIEBER, District Judge.

This is an appeal by the warden of the United States penitentiary at Leavenworth, Kan., from a judgment *700discharging the appellee from confinement in the penitentiary on a writ of habeas corpus.

The only question involved is the sufficiéncy of the indictment containing three counts, charging a violation of section 161 of the Penal Code (Comp. St. § 10331), to which appellee had entered a plea of guilty, and upon that plea was sentenced to imprisonment for the term of five years. The counts only differ in that the first charges making of a plate, the second possession of…