SPENCER v. UNITED STATES

L-508.

268 F.2d 211 (1959)

Huston SPENCER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

June 3, 1959.


Attorney(s) appearing for the Case

James J. Eastland, Jr., Cincinnati, Ohio, for appellant.

Fred W. Kaess, U. S. Atty., Detroit, Mich., for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.


PER CURIAM.

Following trial by jury in the District Court, appellant was convicted for violation of Federal statutes relating to the possession and purchase of heroin. He claims that the Government's evidence produced at his trial did not prove possession. Motions to proceed in forma pauperis and to vacate the sentence were overruled by the District Judge on the ground that a motion to vacate judgment can not be used as a substitute for an appeal. The order of the...

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