Fleish
Fleish v. Johnston
Opinion
Lead Opinion
Stephens, J.
On the ground that he had already served the authorized portion of his sentence of *17 imprisonment, Louis Fleish petitioned the district court for a writ of habeas corpus, which was denied. He appeals.
Appellant was originally tried and convicted under six counts of an indictment charging violations of ,the National Firearms Act, 26 U.S.C.A. §§ 1132 -1132q (1934 Ed.) [26 U.S.C.A. Int.Rev.Code, §§ 2700 (b)(2), 2720 et seq., 3260 et seq.]. On April 7, 1939, he was sentenced to be imprisoned for consecutive terms of five years on each of the six counts and to pay a fine of $2,000. Having served his sentence for one count, appellant requests his release from imprisonment.
Count One of the indictment under which sentence was pronounced charged that appellant had received and possessed a described firearm on which the transfer tax had not been paid. Count Three charged that he possessed the same described firearm without registering it. Counts Twelve, Fifteen, Eighteen, and Twenty-one contained the same charge as Count Three except that firearms were variously described in each. All counts designated the same time and place for the occurrence of the alleged offenses.