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UNITED STATES v. MORGAN

No. 170, Docket 23264.

222 F.2d 673 (1955)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Patrick MORGAN, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 19, 1955.

Attorney(s) appearing for the Case

Jacob Abrams, New York City, for appellant.

Theodore F. Bowes, U. S. Atty., for Northern Dist. of New York, Syracuse, New York (Charles J. Miller, Syracuse, N. Y., on the brief), for appellee.

Before FRANK, MEDINA and STALEY, Circuit Judges.

FRANK, Circuit Judge.

1. The district judge made a finding of fact that, when pleading guilty, Morgan "was not advised of his right to counsel, and that he did not intelligently waive such right".1 As this finding rests on Morgan's oral testimony, it is not "clearly erroneous" and must stand. Despite this finding, the judge denied relief because Morgan (a) made no showing of his innocence, and (b) had too long slept upon his rights.

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