FIHALEY v. UNITED STATES

No. 14728.

208 F.2d 793 (1953)

FIHALEY v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

December 9, 1953.


Attorney(s) appearing for the Case

Cavett S. Binion, Asst. U. S. Atty., Fort Worth, Tex., William O. Braecklein, Asst. U. S. Atty., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.


PER CURIAM.

This is an appeal from an order denying relief on a Section 2255, 28 U. S.C.A., application. The record, made at the time of the entry of the plea, shows that it was voluntarily made and that a lawyer was waived by defendant after he had been told that the court would appoint a lawyer.

The motion to vacate alleges as one of its grounds that defendant was deprived of the benefit of counsel and as another that the court refused to permit him to offer...

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