HURST v. UNITED STATES

Nos. 3936, 3956.

177 F.2d 894 (1949)

HURST v. UNITED STATES. DOLL v. UNITED STATES.

United States Court of Appeals Tenth Circuit.

November 2, 1949.


Attorney(s) appearing for the Case

Fred M. Mazzulla, Denver, Colo., for appellants.

Paul Gotcher, Asst. U. S. Atty., McAlester, Okl. (Cleon A. Summers, U. S. Atty., Muskogee, Okl. on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.


PHILLIPS, Chief Judge.

These are appeals from orders denying motions made under 28 U.S.C.A. § 2255, to vacate sentences of imprisonment.

Doll and Hurst were tried and convicted on an indictment charging a violation of 12 U.S.C.A. § 588b, [now 18 U.S.C.A. § 2113] and each was sentenced to imprisonment for a term of five years. Neither appealed from his judgment of conviction and the time for appeal had expired when the motions to vacate were...

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