Collins

On, August 11, 1947, an information was filed charging appellant with violations of §§ 145(b) and 145(c) of the Internal Re *774 venue Code, 26 U.S.C.A. § 145 (fo, c). Appellant appeared in court with counsel of his own choosing and, at the request of his counsel, was given until August 15, 1947, in which to plead. On August 15, 1947, appellant again appeared in court with counsel of his own choosing and entered a plea of guilty on two counts of the information and not guilty on two counts. He was sentenced to serve 18 months on each of the two counts to which he had pleaded guilty, the sentences to run consecutively. It appears that Mr. Hammond, who represented the appellant at the time of his first appearance, and Mr. Stahlmari who appeared at the time of the entry of the plea and the imposition of sentence, are associated in the practice of law and it might be well to state here (because it is important in the disposition of this appeal) that they sustain an excellent reputation for personal integrity and ability as lawyers.

On April 10 1948, within a few days of eight months after judgment, appellant addressed a letter to Judge Leon R. Yankwich, presiding at the time of the…

(dissenting).

[The following opinion was prepared for consideration of my associates but it did not meet with their approval. I adhere to my views as therein expressed.]

This is an appeal from an order denying a motion [made under Rule 32 (d) of the Federal Rules of Criminal Procedure, 18 U.S.C.A.] to withdraw a plea of guilty and to vacate a judgment of conviction entered thereon. .At the hearing prior to arraignment and plea, appelknt represented by counsel waived indictment. Before the same court and represented by the same counsel, after arraignment upon information, he pleaded guilty to certain violations of the Internal Revenue Code. The motion which is the subject of appeal here was filed some eight months after the sentencing of appelknt, during the term of court following that in which appellant was sentenced, and was considered and ruled upon by the sentencing court.

Appelknt urges that his mental condition at the time of his plea of guilty rendered the plea incompetent. That such might be the case was brought to the attention of the district judge before appelknt pleaded. The arraignment was halted temporarily while the Court questioned appelknt, whereupon it was…