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SMITH v. UNITED STATES

No. 10471.

187 F.2d 192 (1950)

SMITH v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit

Decided December 7, 1950.

Writ of Certiorari Denied May 7, 1951.

Attorney(s) appearing for the Case

Paul A. Porter, Washington, D. C. (appointed by this Court), with whom G. Duane Vieth, Washington, D. C., was on the brief, for appellant.

Charles B. Murray, Asst. U. S. Atty., with whom Messrs. George Morris Fay, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., were on the brief, for appellee.

Before WILBUR K. MILLER, FAHY, and WASHINGTON, Circuit Judges.

Writ of Certiorari Denied May 7, 1951. See 71 S.Ct. 792.

FAHY, Circuit Judge.

The appeal is by James M. Smith from a denial by the District Court of his motion filed pursuant to 28 U.S.C.A. § 2255.1 The motion was to vacate a judgment based upon his conviction in February, 1937, of second degree murder after trial by jury in the court below. He was sentenced to life imprisonment....

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