HARRIS v. UNITED STATES

No. 16593.

288 F.2d 790 (1961)

Fay Clinton HARRIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 14, 1961.


Attorney(s) appearing for the Case

Fay Clinton Harris, pro se.

Edward L. Scheufler, U. S. Atty., and John S. Boyer, Jr., Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal by defendant Harris from final order filed August 30, 1960, overruling his fifth motion to correct sentence, filed pursuant to 28 U.S.C.A. § 2255.

Before considering the issues here presented, we will briefly summarize the history of this prolonged litigation. Defendant on April 13, 1951, appeared before the court with his attorney and filed waiver of indictment and consent to be prosecuted by information...

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