O'MALLEY v. UNITED STATES

No. 14242.

285 F.2d 733 (1961)

Charles Robert O'MALLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

January 13, 1961.


Attorney(s) appearing for the Case

Chase Shafer, Cincinnati, Ohio, appointed by court, for appellant.

Thomas S. Schattenfield, Asst. U. S. Atty., Columbus, Ohio, for appellee, Hugh K. Martin, U. S. Atty., Columbus, Ohio, on the brief.

Before MILLER, CECIL and O'SULLIVAN, Circuit Judges.


SHACKELFORD MILLER, Jr., Circuit Judge.

Appellant filed motion in the District Court under the provisions of Section 2255, Title 28 U.S.Code, to vacate a judgment and sentence of twenty-five years under an indictment charging him with the offense of bank robbery, Section 2113, Title 18 U.S.Code.

The allegations challenging the weight of the evidence cannot be considered in this collateral attack upon the judgment...

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