United States v. Samuel N. Poe

EDGERTON, Senior Circuit Judge.

A jury convicted Poe, a 22-year-old indigent, of housebreaking and larceny. On August 27, 1963, the trial judge 1 sentenced him to imprisonment for two to six years. One year later the judge granted, after a hearing, a motion of new counsel to set aside the conviction and sentence under 28 U.S.C. § 2255. Poe v. United States, 233 F.Supp. 173 (1964). The government appeals.

The judge found the following undisputed facts. Poe told his court-appointed counsel before trial that he wished to take the stand and counsel agreed. No other defense was available. Counsel…