Lester Cofield, Jr. v. United States

Lester Cofield, Jr., a federal prisoner, instituted this proceeding to vacate his sentence. The action was brought under 28 U.S.C.A. § 2255 . Following a hearing an order was entered denying his petition. Cofield appeals, raising questions concerning the adequacy ox his legal representation at the time of arraignment, and the voluntariness of his plea of guilty.

On March 13, 1957, Cofield was indicted on two counts charging him with selling and facilitating the sale of narcotic drugs. In count one it was charged that on or about October 31, 1956, he sold and facilitated the sale of approximately 179 grains of heroin to one Justin Burley, in violation of 21 U.S.C.A. § 174 . In count two it was charged that on or about November 5, 1956, Cofield sold and facilitated the sale of approximately 165 grains of heroin to Burley, in violation of the same statute.

Petitioner was arraigned on these charges on March 25, 1957. He and the other defendants who were being arraigned at that time were told by the court that they were then presumed to be innocent. They were further told that they were entitled to trial by jury and to be confronted with the witnesses against them. The assembled…