could be no reasonable argument that relator was deceived by the indictments.
The second possibility is to view relator's claim as one involving the Fourteenth Amendment's guarantee of due process and equal protection under the law. By statute Pennsylvania provides that "(Every) indictment shall be deemed and adjudged sufficient and good in law which charges the crime substantially in the language of the act of the assembly prohibiting the crime, and prescribing the punishment, if any such there be * * *." 19 P.S. § 261. This statute, it will be noted, appears to have application only to those indictments which are phrased "substantially in the language of the act of the assembly prohibiting the crime" and says nothing about the effect to be given if the indictment employs some other phrasing. Even if this statute is to be deemed mandatory in effect, we certainly cannot say that the omission of the words quoted made the conspiracy indictment inadequate under Pennsylvania law. While there is authority implying that the omission of one or two of these words could make a difference, Commonwealth v. Bardolph, 123 Pa.Super. 34, 186 A. 421 (1936), we are neither the guarantor of consistency in state decisions nor the proper forum to argue a novel interpretation of a state statute. The state courts have found that these indictments were sufficient under state law and we can see no Fourteenth Amendment violation in their determination.
The attack on the indictments under which relator was convicted of obtaining money by false pretenses likewise is without merit. This crime consists of three distinct elements, one of which is the false assertion of an existing fact. Commonwealth v. Doria, 193 Pa.Super. 206, 163 A.2d 918. Whether relator's misrepresentations were ones of material fact or, as he argues, merely opinions has already been determined by the state courts. Suffice to say, each of the false pretenses indictments sets out with clarity and particularity the acts, dates, and names of people involved in the crime. The state court has already ruled that the indictment comports with state requirements and we see no constitutional issues in their determination.
Relator's other claims go to the sufficiency of the evidence which was produced to convict him on all of the bills. Judge Greenberg's opinion denying relator a new trial goes through all of the evidence of relator's guilt under each charge. Our own review of the trial record fully supports that of Judge Greenberg. We might point out, however, the standard to sustain the sufficiency of evidence in a federal habeas corpus attack is considerably less stringent than the standard Judge Greenberg and the other appeal courts were faced with. Here the only question is whether there was "an entire lack of evidence to support a finding * * *.": United States ex rel. Rivers v. Myers, 301 F.2d 782, 783 (C.A. 3, 1962). There is ample evidence on each of the bills of indictment.
The writ prayed for is denied.
It is so ordered.