Thomas

Thomas appeals from a judgment of conviction on an indictment charging:

The indictment was based on the felony created by 18 U.S.C. § 912 , as follows:

While it is true that neither the President nor a United States Senator has the power to stay the execution of a death sentence of a state court, here the indictment charges Thomas with pretending to be an officer and acting under authority of the United States and acting “as such” pretended officer with such pretended authority. The Supreme Court holds on a similar statute that even if the pretense be of holding an office that does not exist and acting as if it did exist, the statute is violated. United States v. Barnow, 239 U.S. 74, 77 , 36 S.Ct. 19 , 60 L.Ed. 155 . Referring to pertinent provisions of the similar preceding statute, that Court states 239 U.S. at page 80 , 36 S.Ct. at page 22 :

Cf. United States v. Lepowitch, 318 U.S. 702, 704 , 63 S.Ct. 914 , 87 L.Ed. 1091 ; Russell v. United States, 9 Cir., 271 F. 684, 685 .

The pertinent portions of the agreed statement of facts are that the testimony was uncontradicted that a telephone call was made on January 2, 1953 at 11:35 P.M. from the only telephone located at the…