Martin

The defendant below, an attorney at law, was employed by one Wayne G. Arnold to institute in his behalf a voluntary bankruptcy proceeding. In order to procure the filing of the petition in bankruptcy without paying the fees prescribed by law, defendant presented to the clerk with the petition in bankruptcy an affidavit in forma pauperis, purporting to have been signed and sworn to by Arnold before defendant, who is also a notary public.. In an indictment containing three counts, defendant was charged (1) with falsely making and counterfeiting this affidavit, (2) with uttering and publishing it, and, (3) with presenting it to the clerk of the United States District Court at Portland, Or.; it being further averred in each count that Arnold did not subscribe the affidavit or make oath thereto, and that defendant with such knowledge acted willfully and feloniously and with the purpose and intent to defraud the United States. The three several offenses thus charged are defined by section 28 of the Criminal Code (Code of Laws of the United States, December 6, 1926, p. 464 [18 USCA § 72]). There was an acquittal upon, the first count, and conviction on the second and third with…