Smith v. United States

FAHY, Circuit Judge.

The appeal is by James M. Smith from a denial by the District Court of his motion filed pursuant to 28 U.S.C.A. § 2255. 1 The motion was to vacate a judgment based upon his conviction in February, 1937, of second degree murder after trial by jury in the court below. He was sentenced to life imprisonment. During his trial he was represented by two attorneys and there was no appeal. 2 He does not complain of lack or inadequacy of counsel.

We treat his motion as including not only the paper so entitled but also the Statement of Facts submitted by counsel appointed to represent…