BRASSELL v. UNITED STATES

No. 15443.

223 F.2d 259 (1955)

Frederick Harvey BRASSELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 15, 1955.


Attorney(s) appearing for the Case

No attorney for appellant.

William C. Calhoun, U. S. Atty., Augusta, Ga., Donald H. Fraser, Asst. U. S. Atty., Savannah, Ga., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


PER CURIAM.

The only question presented to the court here is whether the District Court properly denied appellant's motion filed under 28 U.S.C.A. § 2255, to test the legality of his detention and in which the District Court declined to grant a hearing, finding as it did that the motion, files and records conclusively showed that appellant was entitled to no relief.

The basis of appellant's motion was that in an indictment charging him with having escaped...

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