DICKEY v. UNITED STATES

No. 22153.

345 F.2d 508 (1965)

Robert Dean DICKEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 17, 1965.


Attorney(s) appearing for the Case

Robert Dean Dickey, pro se.

Clinton Ashmore, U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., Tallahassee, Fla., for appellee.

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


PER CURIAM.

This is an appeal from a denial of a motion to vacate a judgment and sentence under 28 U.S.C.A. § 2255, on the ground that the prisoner was mentally incompetent at the time he waived counsel, entered his plea of guilty, and was sentenced. The court denied the motion without a hearing, on a consideration of the arraignment record. The question of the mental incompetency of the prisoner was not raised nor determined at the arraignment or at any other...

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