Cly

Cly v. United States

Good Law
201 F.2d 806
United States Court of Appeals for the Ninth CircuitMarch 3, 195312968California2,456 words

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.

The first paragraph of each of the seven counts on which Cly was convicted…

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