United States ex rel. Preece v. Coiner

BOREMAN, District Judge.

Petitioner was indicted by the grand jury of Cabell County, West Virginia, for the crime of incest. He was subsequently tried and convicted in the Common Pleas Court of Cabell County and, on November 28, 1955, was sentenced to a term of five to ten years’ imprisonment in the West Virginia State Penitentiary, at Moundsville, West Virginia, where he is presently confined.

Petitioner now seeks a writ of habeas corpus ad subjiciendum on the ground that the indictment under which he was convicted was void for two reasons: (1) That it failed to state that he was a male person…