Bice v. United States, 5939.
| Decision Date | 08 November 1949 |
| Docket Number | No. 5939.,5939. |
| Citation | 177 F.2d 843 |
| Parties | BICE v. UNITED STATES |
| Court | U.S. Court of Appeals — Fourth Circuit |
Arthur W. Machen, Jr., Boston, Mass., for appellant.
Bernard J. Flynn, U. S. Attorney, Baltimore, Md., for appellee.
Before PARKER, Chief Judge and DOBIE, Circuit Judge.
This is an appeal from an order denying a motion to set aside the judgment and sentence in a criminal case, entered in the year 1925, on the ground that the defendant, who pleaded guilty to the charges against him, was without the assistance of counsel. The facts are fully set forth in the opinion of the District Judge, which is reported in D.C., 84 F.Supp. 290. Nothing need be added to what is said in that opinion. For the reasons there stated the order appealed from will be affirmed. See also United States v. Moore, 7 Cir., 166 F. 2d 102, certiorari denied 334 U.S. 849, 68 S.Ct. 1500, 92 L.Ed. 1772; United States v. Rockower, 2 Cir., 171 F.2d 423, certiorari denied 337 U.S. 931, 69 S.Ct. 1484.
Affirmed.
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United State v. Morgan
...F.2d 102, 105; Farnsworth v. United States, 91 U.S.App.D.C. 121, 198 F.2d 600; United States v. Bice, D,.c., 84 F.Supp. 290, affirmed, 4 Cir., 177 F.2d 843. Apparently, having once abolished the common law writ of coram nobis, the Court now undertakes to reestablish it under the name of 'a ......
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Everett v. United States, 18239.
...No. 17026, D.C.Cir., Jan. 6, 1964 (per curiam); United States v. Bice, 84 F.Supp. 290, 292 (D.Md.) (same), aff'd, 177 F.2d 843 (4th Cir. 1949) (per curiam). See generally Note, 112 U.PA.L. REV. 865, 877 n. 74 (1964). Of course, the mere assertion of a defendant's innocence will not require ......
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Farnsworth v. United States
...102."2 A few other jurisdictions also followed Moore and erected these same barriers to redress by way of coram nobis. See Bice v. United States, 4 Cir., 177 F.2d 843, affirming D.C.Md., 84 F.Supp. 290; United States v. Rockower, 2 Cir., 171 F.2d 423, certiorari denied, 337 U.S. 931, 69 S.C......
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Dunn v. United States, 12892.
...showing that a retrial would have a different result. This is ground for denial of a motion in the nature of coram nobis. Bice v. United States, 4 Cir., 177 F.2d 843, affirming United States v. Bice, D.C., 84 F.Supp. 290; United States v. Moore, 7 Cir., 166 F.2d 102, certiorari denied 334 U......