MASON v. UNITED STATES

No. 10999.

193 F.2d 23 (1951)

MASON v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided November 8, 1951.


Attorney(s) appearing for the Case

Bernard I. Nordlinger, Washington, D. C., (appointed by this court), for appellant.

Joseph F. Goetten, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty. at the time of argument, and Cecil R. Heflin and Joseph M. Howard, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Charles M. Irelan, appointed U. S. Atty., Washington, D. C., subsequent to the argument in this case, also entered an appearance for appellee.

Before CLARK, PROCTOR and FAHY, Circuit Judges


PER CURIAM.

Appellant was convicted of rape. 22 D. C. Code § 2801 (1940). He moved the trial court, under 28 U.S.C. § 2255, to vacate sentence. The court granted the motion, with concurrence of the prosecuting attorney, but later rescinded the action and denied the motion. This appeal follows.

A careful consideration of the whole record leaves us in serious doubt that appellant enjoyed, in a full sense, due process of law, U.S.Const.Amend. V, especially...

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