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SMITH v. UNITED STATES

No. 90.

360 U.S. 1 (1959)

SMITH v. UNITED STATES.

Supreme Court of United States.

Decided June 8, 1959.

Attorney(s) appearing for the Case

William B Moore, Jr. argued the cause for petitioner. With him on the brief was Marion Rushton.

Leon Silverman argued the cause for the United States. On the brief were Solicitor General Rankin, Assistant Attorney General Anderson, Beatrice Rosenberg and Kirby W. Patterson.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

The petitioner seeks relief under 28 U. S. C. § 2255 from his conviction and sentence for violation of the Federal Kidnapping Act, 18 U. S. C. § 1201. Briefly, the kidnapping charge grew out of the following facts: Petitioner, a young man of twenty-six, and two seventeen-year-old boys, while in custody under state charges, escaped from a Florida jail on November 12, 1949. They were almost immediately...

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