The United States of America v. Waddell Scales

HASTINGS, Circuit Judge.

This is an appeal from an order of the district court denying appellant’s motion to vacate his sentence pursuant to Title 28 U.S.C.A. § 2255.

Appellant, Waddell Scales, was charged in a two-count indictment with the unlawful purchase of narcotics in violation of Section 4704(a), Internal Revenue Code of 1954, 26 U.S.C.A. § 4704(a), and with the unlawful possession and concealment of narcotics in violation of 21 U.S.C.A. § 174. Mabel Peterson was named as co-defendant in each count. On March 9, 1956, defendants were tried together by the court without a jury and both…