James I. Caviness v. United States

Fourth Circuit

James I. Caviness v. United States

226 F.2d 216, 1955 U.S. App. LEXIS 3032

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 4, 1955

Docket7071

StatusPublished

Cited by5 cases

This text of 226 F.2d 216 (James I. Caviness v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James I. Caviness v. United States, 226 F.2d 216, 1955 U.S. App. LEXIS 3032 (4th Cir. 1955).

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Opinion

PER CURIAM.

This is an appeal from denial of a motion under 28 U.S.C. § 2255 to set aside two sentences entered upon conviction of appellant under two indictments charging breaking into two post offices with intent to commit larceny and larceny from one of the offices. Appellant was tried before a jury and was represented by counsel appointed by the court. A motion for a new trial on the ground of after discovered evidence was denied by the court, but no appeal was taken from the judgments and sentences entered. Some months later motion was made under 28 U.S.C. § 2255 to set them aside. The grounds of the motion related to the arrest and holding of appellant, to the search of his room and to his being brought from one district to another for trial. In this court additional points are raised as to procedural and evidentia-ry matters which could be raised only by appeal and not by motion under 28 U.S. C. § 2255. An examination of the record, however, shows that appellant has no ground for complaint of any action of the trial judge.

Affirmed.

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PER CURIAM.

This is an appeal from denial of a motion under 28 U.S.C. § 2255 to set aside two sentences entered upon conviction of appellant under two indictments charging breaking into two post offices with intent to commit larceny and larceny from one of the offices. Appellant was tried before a jury and was represented by counsel appointed by the court. A motion for a new trial on the ground of after discovered evidence was denied by the court, but no appeal was taken from the judgments and sentences entered. Some months later motion was made under 28 U.S.C. § 2255 to set them aside. The grounds of the motion related to the arrest and holding of appellant, to the search of his room and to his being brought from one district to another for trial. In this court additional points are raised as to procedural and evidentia-ry matters which could be raised only by appeal and not by motion under 28 U.S. C. § 2255. An examination of the record, however, shows that appellant has no ground for complaint of any action of the trial judge.

Affirmed.

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Bluebook (online)

226 F.2d 216, 1955 U.S. App. LEXIS 3032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-i-caviness-v-united-states-ca4-1955.

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