CARROLL v. UNITED STATES

No. 10800.

174 F.2d 412 (1949)

CARROLL v. UNITED STATES.

United States Court of Appeals Sixth Circuit.

May 18, 1949.


Attorney(s) appearing for the Case

Charles T. Carroll, alias "Chisel" on brief, pro se.

Ferdinand Powell, Jr., Knoxville, Tenn. (Otto T. Ault, Chattanooga, Tenn. and Ferdinand Powell, Jr., Knoxville, Tenn., on brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and MARTIN, Circuit Judges.


MARTIN, Circuit Judge.

This is an appeal allowed in forma pauperis by the district court from the denial of appellant's motion for vacation and correction of sentence. On guilty plea, appellant was sentenced to five years' imprisonment on each of two counts of an indictment charging violation of section 409 of the Criminal Code, U.S.C.A., Title 18, section 409 [now § 659].

The first count charged appellant with stealing goods from an interstate shipment...

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