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HORNBROOK v. UNITED STATES

No. 15036.

216 F.2d 112 (1954)

Charles Burns HORNBROOK, v. UNITED STATES of America.

United States Court of Appeals Fifth Circuit.

October 22, 1954.

Attorney(s) appearing for the Case

Charles Burns Hornbrook, in propria persona, H. A. Stephens, Jr., Charles H. Edwards, Atlanta, Ga., for appellant.

Floyd M. Buford, Asst. U. S. Atty., Frank O. Evans, U. S. Atty., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

PER CURIAM.

This is an appeal from an order denying a motion under Section 2255, Title 28 U.S.Code, to vacate the judgment and sentence for violation of Section 2314, Title 18 U.S.Code. The motion to vacate was based on the grounds that appellant was never arraigned and did not know the nature of the charge; that the indictment was not returned in open court; that the case was transferred to the Middle District of Georgia...

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