Ryles v. United States

PICKETT, Circuit Judge.

This is a proceeding under Title 28 U.S. C.A. § 2255 to set aside the judgment and sentence entered by the trial court following a conviction of the petitioner herein. It is alleged that the judgment and sentence are void because the prosecution knowingly and intentionally used perjured testimony to obtain the conviction. After a full hearing the tri'al court found that the petitioner had not sustained the burden of proof of the allegations in the motion and overruled it.

The case is not new in this court. Defendant was first tried and convicted upon the charge of…