John Mack Smith v. United States

WILBUR K. MILLER, Circuit Judge.

Appellant was indicted on January 12, 1959, for violations of the narcotics laws. On January 16, 1959, with retained counsel present, he pleaded not guilty. Thereafter, his retained counsel who had advised him to plead guilty withdrew his appearance, and another able member of our bar was appointed by the court to succeed him. On March 4, 1959, with appointed counsel present, appellant withdrew his plea of not guilty and pleaded guilty to two of the six counts of the indictment, which charged violations of 26 U.S.C. § 4705(a). He stated he understood the nature…