Harmon Metz Waley v. United States

DENMAN, Chief Judge.

This is an appeal from the denial of a motion to vacate sentence made under the provisions of 28 U.S.C. § 2255. Waley, who entered a plea of guilty to violating the federal kidnaping statute in 1935, 1 contends that his plea was entered without an understanding of the charge and that he was entitled to a trial by jury.

Waley first argues that the attorney who, the record indicates, was assigned by the trial court to counsel him at the time of his plea of guilty was in fact assigned only to counsel his wife, a co-defendant. He raises the contention that the record is…