Robert E. Morgan v. United States of America, (Two Cases)

This opinion relates to two appeals, each taken in forma pauperis, from two convictions of two counts each.

No. 17,245 is an appeal from the United States District Court for the Northern District of California, Southern Division, of a judgment of conviction for using a false document in violation of 18 U.S.C. § 1001 ; and for theft by false pretenses and conversion of a United States Treasury check for $444.11, in violation of 18 U.S.C. § 641 ; as each were charged in two counts (Counts I and II) of a twelve count indictment, and which related to United States 1955 income tax returns filed by appellant and others.

During the time the acts alleged in No. 17,245 took place, appellant was confined as an inmate in Folsom Prison, a California State Penal Institution. Appellant was also charged and tried on Counts III and VI, but the jury disagreed. Appellant was charged jointly with code-fendant Davenport in Counts III and IV; with codefendant Escarrega in Count IX; with codefendant Holley in Count XI. Davenport was the sole defendant in Counts VII and VIII. Escarrega was the sole defendant in Count X. Count XI was a conspiracy count charging code-fendant Holley. Counts IX to XII…