Ross

Appellant was indicted on March 23, 1938, in an indictment on seven counts for violations of Section 211 of the Criminal Code, as amended, 18 U.S.C.A. § 334 . Appellant was found guilty on the first four counts and not guilty on counts five and seven. Count six was dismissed on motion of the prosecution.

The following recital appears in a document entitled “Bill of Exceptions” which is printed in the transcript before this court:

“That on the 4th day of April, 1938, the defendant appeared for arraignment, stated his true name to be Lecil E. Ross, and upon being required to plead the defendant entered his plea of not guilty and a special plea that he had been heretofore acquitted of each of the offenses charged in the indictment.

“That on the 2nd day of May, 1938, the above entitled cause came on regularly for hearing on the said special plea at which time the defendant, acting as his own counsel, introduced in support of the said special plea indictment No. 13398-J entitled ‘United States of America v. Lecil E. Ross’, in the above entitled court [United States District Court for the Southern District of California, Central Division] together with the instructions of the Court…