Cly
Cly v. United States
Opinion
Opinion
Mathews, J.
Monte Cly and Lindsay T. Hill were-indicted on August 10, 1950. The indictment was in 14 counts. Counts 1-9, 11, 13 and 14 were against Cly and Hill. Count 10 was against Hill alone. Count 12 was against Cly alone. Cly was arraigned on counts 1-9 and 11-14, pleaded not guilty and was tried. In the course of the trial, counts 12 and 14 were dismissed. Cly was found guilty on counts 3-5, 7-9 and 11 and not guilty on counts 1, 2, 6, and 13. A judgment was entered sentencing Cly on counts 3-5, 7-9 and 11 to be imprisoned for 18 months and to pay fines aggregating $2,555. From that judgment Cly has appealed.
Each count of the indictment contained two paragraphs. The first paragraph of count 1 alleged, in substance, and effect, that from November 6, ,1947, to January 15, 1949, Cly was a member of Rent Advisory Board No. 8 of the Los Angeles Defense-Rental Area, a local board created under and pursuant to § 204(e) (1) of the Housing and Rent Act of 1947, 61 Stat. 198 , 50 U.S. C.Appendix, 1946 Edition, ,Supp. I, § 1894 (e) (l), and that Hill was a member thereof from January 12, 1948, to January 11, 1949.