Kerr

Kerr v. Johnston

Good Law
130 F.2d 637·1942 U.S. App. LEXIS 3164
United States Court of Appeals for the Ninth CircuitSeptember 10, 1942No. 10069California1,097 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from a judgment denying appellant’s petition for a writ of habeas corpus.

It appears from the petition that appellant was indicted in the District Court of the United States for the Northern District of California on September 30, 1933. The indictment, a copy of which is attached to and made part of the petition, was in seven counts. Counts 1, 2 and 3 charged violations of § 197 of the Criminal Code, 18 U.S.C.A. § 320 . Counts 4, 5 and 6 charged violations of § 194 of the Criminal Code, 18 U.S.C.A. § 317 . Count 7 charged a violation of § 37 of the Criminal Code, 18 U.S.C.A. § 88 .

It appears from the petition that counts 1 and 3 were dismissed; that appellant pleaded guilty to counts 2, 4, 5, 6 and 7; that thereupon, on March 12, 1934, the court entered judgment whereby appellant was sentenced to be imprisoned for ten years under count 2 and for five years each under counts 4, 5 and 6, and was sentenced under count 7 to pay a fine of $1,000 and to be imprisoned for two years and until payment of said fine, said terms of imprisonment to run consecutively; and that appellant is detained in appellee’s custody by virtue of that judgment.

The petition states that the…

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