Hart

Appellant was a narcotic addict who procured certain narcotic drugs through a deception. When apprehended and brought to trial he pleaded guilty, under the advice of appointed counsel, to the following indictment :

After serving a portion of his sentence, appellant petitioned the District Court for a writ of habeas corpus and the hearing upon his petition developed that the sole issue presented was whether or not the indictment charged a crime against the United States. If it did not the sentencing ■court was without jurisdiction, its judgment and sentence are void, and the appellant is entitled to his liberty. ,

Appellant presented a certified copy of an ■unreported decision of the District Court for the District of Oregon sustaining a demurrer to a similiar indictment on ’ the ground that it did not charge a crime against the United States. Although recognizing the weight of such authority, the District Court below denied the petition, recommending to appellant that he appeal to this court. Such appeal was taken in forma ■ pauperis, the case submitted upon briefs, and the issue is now before us.

Did the above-quoted indictment charge a crime against the United…