BARKER v. UNITED STATES

No. 12858.

178 F.2d 803 (1949)

BARKER v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 21, 1949.


Attorney(s) appearing for the Case

Harold D. Putman, San Antonio, Tex., for appellant.

H. W. Moursund, U. S. Atty., San Antonio, Tex., Wm. H. Russell, Jr., Asst. U. S. Atty., San Antonio, Tex., Joel W. Westbrook, U. S. Atty., San Antonio, Tex., for appellee.

Before HUTCHESON, HOLMES and RUSSELL, Circuit Judges.


HOLMES, Circuit Judge.

This is an appeal from an order of the court below, denying appellant's motion under Section 2255, New Title 28 of the United States Code Annotated, to vacate a sentence of five years, which had been given him for violating the Fugitive Felon Act, 18 U.S.C.A. § 408e, now Section 1073, Title 18 U.S.C.A.

The facts that resulted in the conviction, and on which appellant is seeking to have the sentence vacated, are as follows: The petitioner...

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