SMITH v. UNITED STATES

No. 18646.

287 F.2d 164 (1961)

Delage Larry SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 12, 1961.


Attorney(s) appearing for the Case

Delage Larry Smith, in pro. per.

Thomas R. Ethridge, U. S. Atty., Oxford, Miss., for appellee.

Before TUTTLE, Chief Judge, and CAMERON and WISDOM, Circuit Judges.


PER CURIAM.

This is an appeal from denial of a motion for a new trial treated by the district court, properly we think, as a motion under Section 2255 (28 U.S.C.A.).

In February 1959 the appellant waived prosecution by indictment and entered a plea of guilty to a one-count information on waiver of indictment charging him with illegally entering a bank with intent to commit a felony (18 U.S.C.A. § 2113(a)). In June 1959 appellant filed a motion under ...

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