SHELTON v. UNITED STATES

No. 7168.

235 F.2d 951 (1956)

Troy SHELTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 30, 1956.


Attorney(s) appearing for the Case

Robert S. Cahoon, Greensboro, N. C. (Cahoon & Alston, Greensboro, N. C., on the brief), for appellant.

H. Vernon Hart, Asst. U. S. Atty., Greensboro, N. C. (Edwin M. Stanley, U. S. Atty., Greensboro, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and MOORE, District Judge.


SOPER, Circuit Judge.

This appeal is taken from an order of the district judge denying a motion of the appellant, who was defendant in the district court, to vacate a sentence of two years imprisonment on the ground that the court was without jurisdiction because the judgment was based upon an invalid verdict. The motion was made after the defendant had been committed to prison and after the time for appeal had expired; but jurisdiction of the court to entertain the...

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