SMITH v. UNITED STATES

No. 15336.

259 F.2d 125 (1958)

Joseph Orby SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 17, 1958.


Attorney(s) appearing for the Case

Joseph Orby Smith, pro. per. and Willis W. Jourdin, Oakland, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Lloyd F. Dunn, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HEALY, POPE and CHAMBERS, Circuit Judges.


POPE, Circuit Judge.

The appellant filed in the court below two separate petitions evidently designed for the purpose of obtaining relief under 28 U.S.C. § 2255. Appellant had been convicted in the court below upon an indictment charging him with robbery of a national bank and assault with a dangerous weapon. The first of his applications, designed to procure relief from the sentence imposed pursuant to his conviction, called a "Motion to Correct Judgment and...

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