U.S. Court of Appeals for the Fifth Circuit, 1962

Chesley Bennie Batson and James Okeven McCurley v. United States

Chesley Bennie Batson and James Okeven McCurley v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided July 20, 1962 · Tuttle, Bell, Simpson
304 F.2d 459 (Federal Reporter, Second Series)

Chesley Bennie Batson and James Okeven McCurley v. United States

Opinion

PER CURIAM.

The record discloses that in this Motion to Vacate Judgment under 28 U.S. C.A. § 2255, the appellants in open court orally and in writing waive all of the matters touching on arraignment, the indictment by grand jury, venue and appointment of counsel. The trial court therefore properly dismissed the petition without a hearing.

The judgment is

Affirmed.

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