McCREARY v. UNITED STATES

No. 16546.

249 F.2d 433 (1957)

James Allen McCREARY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 29, 1957.


Attorney(s) appearing for the Case

No appearance for appellant.

Harman Parrott, Asst. U. S. Atty., San Antonio, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and WISDOM, Circuit Judges.


PER CURIAM.

This is an appeal from an order denying a motion, filed under 28 U.S.C.A. § 2255, to set aside a judgment and sentence upon a verdict of a jury finding the appellant guilty of transporting in interstate commerce a stolen motor vehicle.

The only claim made below and here is: that the facts proven in the criminal action did not, under Hite v. United States, 10 Cir., 168 F.2d 973, establish that the automobile...

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