Carvell v. United States, 5836.

• Decision Date: 11 March 1949
• Docket Number: No. 5836.,5836.
• Citation: Carvell v. United States, 173 F.2d 348 (4th Cir. 1949)
• Parties: CARVELL v. UNITED STATES.
• Court: U.S. Court of Appeals — Fourth Circuit

173 F.2d 348 (1949)

CARVELL v.UNITED STATES.

No. 5836.

United States Court of Appeals Fourth Circuit.

March 11, 1949.

John Wingo Knowles, of Richmond, Va., for appellant.

C. Lee Spillers, U. S. Atty., of Wheeling, W. Va. (D. Paul Camilletti, Asst. U. S. Atty., of Wheeling, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

This is an appeal from an order denying a motion made in 1948 to set aside a judgment and sentence in a criminal case, entered in 1937, on the ground that appellant was not afforded competent counsel upon his trial.It appears, however, that the court appointed to represent appellant an experienced and competent lawyer, who entered a plea of not guilty in his behalf and represented him throughout the proceedings.There is nothing to show that he was not accorded a just and fair trial, as found by the trial judge.Appellant complains that witnesses whom he desired were not summoned in his behalf; but no complaint on this score appears to have been made during the trial and the trial judge finds as a fact that neither he nor the attorney representing appellant refused to have summoned any witnesses which appellant requested.

Appellant complains that the judge did not grant his request that he be produced at the hearing of his motion; but, assuming without deciding that the judge had power to enter an order that he be produced, it is perfectly clear that the judge was...