Garrison

In the District Court of the United States for the Western District of Missouri, hereafter called the Missouri court, appellant and others were indicted for violating § 588b of Title 12 U.S.C.A. The indictment was in two counts. Count 1 was based on subsection (a) of § 588b. Count 2 was based on subsections (a) and (b) of § 588b. Appellant was arraigned, pleaded not guilty and was tried and found guilty on both counts. Thereupon, on November 13, 1937, judgment was entered sentencing appellant to be imprisoned for 20 years on count 1 and for 25 years on count 2, the sentences to run consecutively. From that judgment an appeal was taken, but was not prosecuted.

Appellant’s codefendants were James Harris, George Karatasos, William Newell, Charlie Norvel Arthur and Paul M. Hewitt. Harris, Karatasos, Newell and Arthur pleaded guilty and were sentenced on both counts. Hewitt pleaded not guilty, was tried and found guilty, was sentenced on both counts and took an appeal. On March 5, 1940, the Circuit Court of Appeals rendered a decision holding that counts 1 and 2 charged a single offense, vacating Hewitt’s sentence on count 1 and affirming his sentence on count 2. 2 Certiorari to…