KELLY v. UNITED STATES

No. 10426.

138 F.2d 489 (1943)

KELLY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 14, 1943.


Attorney(s) appearing for the Case

Harry C. Kelly, in pro. per.

Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U.S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, DENMAN, and STEPHENS, Circuit Judges.


STEPHENS, Circuit Judge.

Appeal from an order of the United States District Court denying appellant's motion to vacate and set aside a judgment and penitentiary sentence which followed the plea of guilty. The motion was made long after expiration of the term of court at which the judgment was pronounced and was based upon appellant's claim that the trial court is under the power and the duty of correcting an erroneous or void judgment whenever discovery of either...

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