Crapo v. Johnston, 10745.

• Decision Date: 04 December 1944
• Docket Number: No. 10745.,10745.
• Citation: 144 F.2d 863
• Parties: CRAPO v. JOHNSTON, Warden.
• Court: U.S. Court of Appeals — Ninth Circuit

144 F.2d 863 (1944)

CRAPO v.JOHNSTON, Warden.

No. 10745.

Circuit Court of Appeals, Ninth Circuit.

August 23, 1944.

Writ of Certiorari Denied December 4, 1944.

Alton Crapo, in pro. per., for appellant.

Frank J. Hennessy, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, STEPHENS, and HEALY, Circuit Judges.

Writ of Certiorari Denied December 4, 1944.See65 S.Ct. 267.

WILBUR, Circuit Judge.

The appellant was tried on February 16, 1939, in the District Court of the United States for the District of Kansas, First Division, and found guilty on two counts contained in an indictment charging in Count One the possession of an unregistered firearm, December 20, 1936, and in Count Two with having in possession said firearm, towit, a "Remington, sawed-off shot gun, Model Number 16, 11-12 gauge, repeating, SerialNo. 130007, the said barrel of said sawed-off shot gun being less than eighteen (18) inches in length," which had been transferred without the payment of $200 tax on said firearm and without the securing of stamps showing the payment of said tax, "as provided by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury of the United States, and in failing to affix said stamps to the order for such firearms as provided by law," etc.

Defendant was convicted and sentenced to three years on Count One and five years on Count Two, said sentences to run consecutively.He was placed on probation on the second count for a period of five years.On August 3, 1942, the probation was revoked and the defendant sentenced to a term of five years; he was transferred to the federal penitentiary at Alcatraz, and petitioned the United States District Court for the Northern District of California, Southern Division, for release upon petition for writ of habeas corpus, alleging...