United States v. Earl Kill Smith

HINCKS, Circuit Judge.

The appellant, under service of sentence in the federal penitentiary in Alcatraz, California, by motion filed July 9, 1957 in the United States District Court for the Southern District of New York, in which he had been convicted of bank robbery, sought a writ in the nature of a writ of error coram nobis to examine into grounds dehors the trial record upon which he contends his conviction should be vacated, citing as procedural authority for his motion United States v. Morgan, 346 U.S. 502, 74 S.Ct. 247, 98 L.Ed. 248. The motion was dismissed on the record below without a…