RYAN, District Judge.
The defendant moves under the provisions of Section 2255, 28 U.S.C.A., and Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., to vacate and set aside the judgment of conviction and sentence of death imposed upon him and for a new trial under an indictment which charges that on July 26, 1952 he, with malice aforethought, deliberately and with premeditation, shot and killed Joseph J. Brock, then an agent of the Federal Bureau of Investigation...
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