BASTIAN, Circuit Judge.
Appellant was indicted, tried and convicted on two counts of an indictment charging assault with intent to commit carnal knowledge and assault with a dangerous weapon. On May 7, 1954, he was duly sentenced and a motion to modify sentence denied on June 18, 1954. Thereafter, on August 24, 1955, appellant filed a motion under 28 U.S.C. § 2255, claiming that the judgment should be set aside for denial of constitutional rights, it being urged...
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