Hugh A. Bowen v. United States

By this appeal movant seeks to test for error the order of the court denying his fourth motion for 28 U.S.C.A. § 2255 relief. His first motion seeking such relief was filed September 13, 1940 before, and was denied by, Judge Underwood who had tried the case, and there was no appeal from this denial. The orders denying the second and third motions were appealed to, and affirmed by, this court April 7, 1943, in 134 F.2d 845, and September, 1954, in 192 F.2d 515, respectively.

On August 21, 1957, appellant filed the motion in question here, alleging, that John E. Smith, his co-defendant in the…