Warren E. Moore v. United States

WILBUR K. MILLER, Circuit Judge.

This is a case under 28 U.S.C. § 2255. The appellant, Warren E. Moore, and one James A. Marshall were tried before a jury for, and were found guilty of, housebreaking and petit larceny. The com plaining witness and a police officer testified that, in their presence, Moore and Marshall accused each other of the actual entry and theft, and subsequent sale of the radio-phonograph which was stolen. Each said, however, he received a part of the proceeds of the sale.

On November 4, 1955, Moore was sentenced to from three to nine years for housebreaking, and to a…