Fay Clinton Harris v. United States

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by defendant Harris from final order filed August 30, 1960, overruling his fifth motion to correct sentence, filed pursuant to 28 U.S.C.A. § 2255.

Before considering the issues here presented, we will briefly summarize the history of this prolonged litigation. Defendant on April 13, 1951, appeared before the court with his attorney and filed waiver of indictment and consent to be prosecuted by information, and advised the court said waiver was filed voluntarily *791with knowledge of his rights. Thereupon, information was filed containing twenty-two…