United States of America Ex Rel. Albert Mintzer v. Edward Dros, as Warden of the Manhattan House of Detention for Men

Appellant is an incarcerated New York State prisoner. He was sentenced on July 13, 1964 to a term of five to fifteen years upon his conviction after a jury trial for grand larceny in the first degree by false pretenses.

Appellant’s application for a writ of habeas corpus was denied by the United States District Court for the Southern District of New York, and he appeals. We affirm.

Appellant claims that his constitutional rights were violated because (1) the indictment on which his trial was based charged not larceny by false pretenses but larceny by false promise, which was not then a crime,…