Miller v. United States

McCORD, Circuit Judge.

William Roy Miller and Robert W. Cole were tried and convicted on six counts of an indictment which charged them with violations of 18 U.S.C.A. § 347. Sentence was entered by the court on March 14, 1939. An appeal to this court was dismissed because “not taken within five days after the judgment of conviction and was too late to have any effect. Rule 3, Criminal Appeals Rules [18 U.S.C.A. following section 688].” Miller v. United States, 5 Cir., 104 F.2d 343, certiorari denied 308 U.S. 549, 60 S.Ct. 87, 84 L.Ed. 462. Miller then filed in this court a petition for writ of…