Jack David Winger v. United States

Winger was indicted in May, 1955, on two counts involving counterfeiting of money. The first count charged that he participated in a counterfeiting conspiracy with three others: Hallak, Shire (a printer) and Opitz. The second count charged that Shire made the counterfeit money and that Winger “did counsel, induce and procure the commission of said offense.” A jury was waived.

After the trial, the district court found Winger guilty on both counts. Sentence was ordered on the first count (conspiracy) to be five years imprisonment and on the second count to be seven years, the sentences to commence simultaneously and run concurrently.

Winger has appealed on both counts. If the conviction is valid on count two, the term of imprisonment thereon exceeding the concurrent sentence on count one, we need hot review count one. Should we find the conviction on count two ill-founded, then it would be incumbent to turn to count one and investigate it.

In our judgment, the conviction on count two is fully justified. The making of the counterfeit money by Shire is proved beyond doubt. Any evidence of direct person to person contact between Winger and Shire, although they were not strangers, is…