Joseph Orby Smith v. United States

POPE, Circuit Judge.

The appellant filed in the court below two separate petitions evidently designed for the purpose of obtaining relief under 28 U.S.C. § 2255. Appellant had been convicted in the court below upon an indictment charging him with robbery of a national bank and assault with a dangerous weapon. The first of his applications, designed to procure relief from the sentence imposed pursuant to his conviction, called a “Motion to Correct Judgment and Commitment” was filed June 25, 1956. The second such application was dated March 15, 1957, and called by him “Motion to Vacate Judgment…