Collins

Collins v. United States

Good Law
148 F.2d 338·4 SEC Jud. Dec. 380·1945 U.S. App. LEXIS 4431
United States Court of Appeals for the Ninth CircuitMarch 14, 1945No. 10846California621 words

Opinion

Lead Opinion

Mathews, J.

Appellants, James H. Collins, Sidney I'ischgrund and Christopher E. Schirm, were indicted and tried for, and were found guilty of, violating § 37 of the Criminal Code, 18 U.S.C.A. § 88 , by conspiring to violate § 17(a) (1) of the Securities Act of 1933, IS U.S.C.A. § 77q(a) (1), and to violate § 215 of the Criminal Code, 18 U.S.C.A. § 338 . Motions for a new trial and in arrest of judgment were made and denied, and appellants were brought before the court for sentence, whereupon the court said: “It is the judgment of the court that the imposition of the sentence in this case will be suspended for one year for each of you. 1 think under all the circumstances of the case that you all have been punished sufficiently in the length of time the case has dragged out in the courts. I think that is punishment enough for anybody.”

Thereupon the court signed and caused to be filed three so-called judgments — one for each appellant — each reading as follows : “It is by the court ’ordered and adjudged that the imposition of sentence is suspended one year.” From these so-called judgments appellants appealed. Appellee, the United States, has moved to dismiss the appeals on the ground that the…

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