United States ex rel. Montanez v. Rundle

GRIM, District Judge.

In this habeas corpus action relator ■questions the validity of his conviction in 1960 on a bill of indictment charging aggravated robbery. Relator contends that one of the essential elements of the crime of aggravated robbery is proof that the defendant was armed with a weapon .and that there was no such proof offered at his trial. Further he argues that the ■evidence introduced at trial was insufficient to prove that the victim was actually robbed of his money.

These same contentions have been raised by relator in a petition for a writ of habeas corpus to a Common Pleas…