Ernest Grandville Booth v. United States

This is an appeal by Booth from an Order denying motion to set aside and vacate sentence imposed in 1947.

It is unnecessary to detail the facts as to the history and background of the matter presented here as it has twice been presented to this Court. Booth v. United States of America, 198 F.2d 991 , and Booth v. United States of America, 209 F.2d 183 .

Four assignments of error are set out by appellant Booth, as follows:

“No. 1. The Court erred in not granting the motion to vacate on specification ‘5’ that the challenged judgment No. 19,263 was imposed at a time when the Court was without any jurisdiction of the Defendant or jurisdiction to impose it. And this vital allegation was not traversed or in any manner controverted at the hearing.

“No. 2. The Court erred in finding that the guilty plea, upon which the judgment solely rests, was valid: Because the evidence taken at the hearing was overwhelming with bargaining, fraud, coercion and overreaching.

“No. 3. The Court’s failure to legally arraign the appellant was a disregard of due process and a violation of the rights of the accused under the sixth amendment ‘to be judicially informed of the nature of the cause filed…