Isadore Smith v. United States

This is another of the appeals from a refusal by a trial court to set aside a verdict of guilty upon a motion to set aside and vacate the sentence under 28 U.S.C.A. § 2255 . The only substantial ground is the claim that Smith was insane at the time of arraignment, trial and sentence. A reading of the record in the case indicates that Smith was properly convicted on three counts upon overwhelming evidence of the illegal importation of marijuana, without having registered and paid the tax required by law, and concealment thereof. Smith pleaded not guilty to each of these counts, and the jury found him guilty on each one. An appeal to this Court on the merits was dismissed. Thereupon, this motion was filed.

The question of his supposed disability was not raised at the time of arraignment or trial. In connection with the sentence, counsel for Smith mentioned the medical history of the latter, but advised the trial court that Smith was sane. Affidavits were filed in support of the issuance of subpoenas on behalf of Smith as an indigent defendant. One of these indicates that a doctor from the Veterans Administration was desired as a witness for the defense. But it was there indicated…