Doll

Doll v. Johnston

Good Law
95 F.2d 838·1938 U.S. App. LEXIS 4235
United States Court of Appeals for the Ninth CircuitApril 2, 1938No. 8758California591 words

Opinion

Lead Opinion

Application for a writ of habeas corpus by Edward Doll against James A. Johnston, Warden United States Penitentiary, Alcatraz, California. From the order denying the application appellant appeals.

The facts upon which appellant based his petition for a writ of habeas corpus are as follows:

An indictment containing four counts was returned in the District Court of the United States, for the Southern District of Illinois, on April 30, 1930, charging the said Doll with violations df the National Motor Vehicle Theft Act, 18 U.S. C.A. § 408. The first count of the indictment charged appellant with willfully, knowingly, unlawfully, and feloniously transporting in interstate commerce a certain motor vehicle, to wit, Buick coupé automobile, from the State of Iowa into the State of Illinois, knowing the same to have been stolen.

The third count charged that Doll did willfully, knowingly, unlawfully, and feloniously, receive, conceal, and store a certain motor vehicle, to wit, Buick coupé automobile (being the same car described in count 1), said motor vehicle having theretofore been stolen in the State of Iowa.

Counts 2 and 4 of the indictment having been dismissed, appellant pleaded…

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