U.S. Court of Appeals for the Fourth Circuit, 1948

Martin v. United States

U.S. Court of Appeals for the Fourth Circuit · Decided July 7, 1948 · Dobie, Parker, Webb

168 F.2d 1003; 1948 U.S. App. LEXIS 2170 (Federal Reporter, Second Series)

Counsel

Robert S. Martin, pro se., Walter H. Hood, Asst. U. S. Atty., of Greenville, S. C. (Oscar H. Doyle, U. S. Atty., of Anderson, S. C., on the brief), for appellee.

Cases that cite this one

8 later published cases cite this decision.

Malone v. Commonwealth (Ky. 2000)
United States v. Rush (D. Minn. 1973)
King v. State (Tex. Crim. App. 1971)
Cunningham v. Hayes (Va. 1964)
Rikard v. South Carolina State Hospital (District Court, W.D. South Carolina 1962)
United States v. Maddux (United States District Court for the District of Alaska 1956)
Lipscomb v. United States (8th Cir. 1954)
United States v. Walker (District Court, S.D. New York 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from an order denying a motion to vacate a judgment and sentence and issue a writ of habeas corpus. Appellant complains that he was not indicted for the offense for which he was sentenced and that counsel was not assigned him. It appears from the record of proceedings in the court below, however, that he was clearly informed in open court of the nature of the charge against him, which was violation of the motor vehicle theft act, and that he thereupon stated that he did not wish the court to appoint a lawyer for him and that he wished to waive indictment and plead guilty on an information charging the crime. The record leaves no doubt that he thoroughly understood what he was doing, that his rights were carefully explained to him and that he freely and voluntarily waived counsel and indictment. The application to vacate the judgment and sentence and issue a writ of habeas corpus was pioperly denied.

Affirmed.

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