Show C SENTENCE WAS INJUSTICE No Nov petition for a writ of certiorari to have the thc supreme court court of the tho United States Stute re rc view low the judgment of oC the circuit court of oC appeals In tho case of Charles Charlos W Morse tile tho Ice icing convicted or of mis misappropriation appropriation of funds of the tho National Bank of North America was filed to today today day by Martin W Littleton counsel for fOI Mr Morse Formal presentation lion of the motion will bo be made mado by Mr lr Littleton next Monday Mr Morse Is under tinder sen sentence tence of 15 years cars in the federal prison at Atlanta The will search the records of criminal cases In vain to discover a parallel to this case de dared Mr on In lila his petition He charged that the naked nake facts were overdressed In the indictment of oC Mores that when properly understood and clearly stated the show hiow that the PetItioner lId did no moro more than procure others to make the loans nt at the bank supported b by ample collateral which loans he Informed the tho bank were his In fact and aad pledged his then stIff I Ident dent fortune to their payment ment that these loans were from time to time paid off ocr and the bank bani allowed to I take tho profit In the rise of the tho col collateral lateral latoral which took place from time to time The Thc freedom allowed to Insert In tho Indictment several counts n no urged had been perverted Into n a per perfect feet debauchery of pleading The Tho practice of setting selling uta UD as many features of alleged criminal conduct as would Insure the against an unfortunate lapse had heen employed lie he said to smother tile tho obscure the ques question tion to be decided and confound the jur jury In a bewildering pie thorn of tur turgid gid phraseology Mr Ir Littleton claimed that tile the trial court erred In submitting on the misapplicatIon counts the tho Intent to de dc which waa not alleged In the Indictment and that the tho sentence was void old because Morse had been sentenced to Imprisonment of 15 years on the count when under the lie ho could only bo be sentenced not to exceed ten years a rs |