Telfian

On November 23, 1932, appellant was indicted in Michigan by the United States and charged in four counts with violating 18 U.S.C.A. §§ 99 and 320. He, upon trial, was convicted on the second and fourth counts. He was sentenced for a term of 25 years on the second count and for a term of 10 years on the fourth count, the terms to run concurrently. After completing service of the sentence on the fourth count, appellant filed his petition for a writ of habeas corpus, alleging that the second count was fatally defective in failing to make certain allegations hereinafter mentioned. The court below issued an order to show cause, and after the return was filed, denied the petition. Hence, this appeal.

The second count was based on 18 U.S. C.A. § 320, which provides in part: “Whoever shall assault any person having lawful charge, control, or custody of any mail matter * * * or shall rob any such person of such mail or any part thereof, shall * * * if in effecting * * * such robbery, 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.”

The second count…