Tillman Foster Etherton v. United States

Etherton was convicted after trial before a jury in the Alaska District Court. One indictment was in four counts, each charging a felony, and a second contained two separate felony counts. The charges dealt with contributing to the delinquency of two different minors and sodomy. The trial was on the two indictments consolidated. The verdict was guilty on each of the counts. He was sentenced on March 20, 1951, to twenty years imprisonment. No appeal was taken. A year after sentence, appellant filed a motion to vacate and set aside judgment, which was denied by the District Court. A vast number of motions of all types were filed in the District Court between that time and the present. All have been denied there.

On March 29, 1956, Etherton filed in the District Court an affidavit and motion to proceed in forma pauperis, a motion to vacate and set aside the judgment and sentence and a motion for personal appearance. The District Court denied all these motions.

The time for appeal from the original conviction has long since passed, and Etherton cannot use these motions as a writ of error or appeal. Therefore, no consideration is given to the allegations that two indictments were…