UNITED STATES v. RUSSELL


146 F.Supp. 102 (1955)

UNITED STATES of America, Plaintiff, v. Jimmie RUSSELL, a/k/a William Henry Upshaw, Defendant.

United States District Court S. D. New York.

December 6, 1955.


Attorney(s) appearing for the Case

Henry K. Chapman, New York City, for petitioner.

Paul W. Williams, U. S. Atty., by Robert A. Kirkland, Asst. U. S. Atty., New York City, for the United States.


WEINFELD, District Judge.

Petitioner, William Upshaw, moves for a writ of error coram nobis to set aside and vacate a judgment of conviction entered on April 2, 1931, upon his plea of guilty to the sale of narcotics. The basis of his motion is that he was not represented by counsel at the time of the pleading or sentence which was imposed immediately thereafter and that he did not intelligently waive his right to the assistance of counsel.

Upshaw is presently...

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