Dawes v. Gough

SIBLEY, Circuit Judge.

William E. Dawes, imprisoned in the United States Penitentiary at Atlanta, sought habeas corpus on the ground that the sentence on which he is held rests upon a count of an indictment which count charges him with no crime. The warden was ordered to show cause why the writ .should not issue, and on the hearing the writ was denied on the authority of Aderhold v. Hugart, 5 Cir., 67 F.2d 247, Farnsworth v. Zerbst, 5 Cir., 97 F.2d 255, and Hill v. Sanford, 5 Cir., 131 F.2d 417, in which this court held that the sufficiency of the indictment would not be collaterally enquired…