SIMMONS v. UNITED STATES

No. 5275.

230 F.2d 73 (1956)

Dykes Askew SIMMONS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 30, 1956.


Attorney(s) appearing for the Case

G. Michael Morris, Denver, Colo., for appellant.

H. Dale Cook, Asst. U. S. Atty., Oklahoma City, Okl. (Paul W. Cress, U. S. Atty., Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and PICKETT, Circuit Judges.


BRATTON, Chief Judge.

The indictment in this case charged that Dykes Askew Simmons, Jr., transported a stolen automobile in interstate commerce knowing it to have been stolen. The jury found the accused guilty and the court sentenced him to imprisonment. A motion was filed pursuant to the provisions of 28 U.S.C. § 2255 to vacate and set aside the judgment and sentence. The motion was denied and the appeal is from that action.

Section 2255, supra, provides...

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