Milton Mende v. United States

Ninth Circuit

Milton Mende v. United States

291 F.2d 395, 1961 U.S. App. LEXIS 4185

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 16, 1961

Docket17363

StatusPublished

This text of 291 F.2d 395 (Milton Mende v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Milton Mende v. United States, 291 F.2d 395, 1961 U.S. App. LEXIS 4185 (9th Cir. 1961).

Pincite

Opinion

PER CURIAM.

On September 26,1960, we affirmed the judgment of Mende’s conviction. Mende v. United States, 9 Cir., 282 F.2d 881.

With prison facing him, Mende has obtained new counsel who has made below a collateral attack on the judgment, claiming the indictment was so fatally defective that the trial court did not have jurisdiction to try him. The trial court rejected it.

The government makes a number of suggestions as to why Mende had no standing below or here to now be heard. But in our opinions its objections do not go to the naked right of a court to hear the collateral attack. Therefore, we consider the attack on its merits.

Under critical examination, the indictment could be improved. But the whole point defendant-appellant makes, could have been taken care of by proffering a precautionary instruction. Such was not done. We hold the indictment was not so fatally defective as to deprive the court of jurisdiction.

The order appealed from is affirmed.

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