Widmer

Widmer v. Johnston

Good Law
136 F.2d 416·1943 U.S. App. LEXIS 3055
United States Court of Appeals for the Ninth CircuitJune 11, 1943No. 10296California1,722 words

Opinion

Lead Opinion

Garrecht, J.

On September 23, 1937, three indictments were returned against the appellant, James Widmer, by a federal grand jury in the Northern District of Ohio, Eastern Division, charging three separate bank robberies. One of these indictments, No. 16063, was in three counts and charged violations of Section 588b(a), Section 588b (b), and Section 588c of Title 12 U.S.C.A. The second and third indictments, Nos. 16064 and 16066, respectively, were each drawn in one count and charged separate transgressions of Section 588b(a), Title 12 *417 U.S.C.A. At the time of the arraignment appellant appeared without an attorney, and after the charges were read to him in open court, he pleaded guilty to all three indictments; but before the imposition of sentence, the United States Attorney advised the court that he had come into' possession of information indicating that appellant had not committed the offense charged in No. 16066, whereupon the plea of guilty to that charge was withdrawn. On October 26, 1937, in case No. 16063, counts one and two, and case No. 16064, appellant was given prison sentences totaling sixty-five years. Sentence on the third count of No. 16063 was deferred and still remains…

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