SMITH v. UNITED STATES

No. 17614.

339 F.2d 519 (1964)

John Henry SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

December 30, 1964.


Attorney(s) appearing for the Case

Theodore F. Schwartz, Clayton, Mo., for appellant.

John Newton, Asst. U. S. Atty., St. Louis, Mo., Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and DELEHANT, Senior District Judge.


DELEHANT, Senior District Judge.

In ostensible, and declared, reliance on Title 28 U.S.C. § 2255, John Henry Smith, identified hereinafter as "appellant," on July 22, 1963, filed in the United States District Court for the Eastern District of Missouri, Eastern Division, referred to hereinafter as, the trial court, a motion "to vacate and set aside judgment and commitment of (sic) a twenty-five year sentence imposed by the Honorable George H. More (sic), United...

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