Johnston

The appeal is from an order denying a petition for a writ of habeas corpus.

In 1930 there was imposed on appellant a twenty-five year sentence for violating section 197 of the Criminal Code, 18 U.S.C. A. § 320. He now claims that the court had jurisdiction to impose a sentence of ten years only, and that the sentence is void as to the excess.

The statute provided that “whoever shall assault any person having lawful charge, control, or custody of any mail matter, with intent to rob, steal, or purloin such mail matter or any part thereof, or shall rob any such person of such mail or any part thereof, shall, for a first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robberyj he shall wound the person having custody of the mail, or put his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned twenty-five years.”

Eliminating immaterial verbiage, the indictment charged that appellant “did * * assault one Ira M.. Derrick, he * * * being * * * a person having * * * custody of United States mail matter, with intent to rob * * * such mail matter, and in attempting to effect such robbery as…