Harmon Metz Waley v. United States

This is an appeal from the denial of a motion to vacate sentence made under the provisions of 28 U.S.C. § 2255 . Waley, who entered a plea of guilty to violating the federal kidnaping statute in 1935, contends that his plea was entered without an understanding of the charge and that he was entitled to a trial by jury.

Waley first argues that the attorney who, the record indicates, was assigned by the trial court to counsel him at the time of his plea of guilty was in fact assigned only to counsel his wife, a co-defendant. He raises the contention that the record is inaccurate for the first time on appeal. No such argument was made in his motion to vacate sentence addressed to the District Court. Consequently, it is unnecessary to consider whether Waley may attack the accuracy of the transcript since this Court cannot hold the District Court in error as to a contention never presented to it.

It is next argued that Waley did not waive his right to a jury trial by his plea of guilty since he did not know that he had such a right and he was unaware of the consequences of such a plea. The record indicates otherwise, and that he did understand the nature of the indictment. It was read…