Hawley v. Hunter
| Decision Date | 19 May 1947 |
| Docket Number | No. 3460.,3460. |
| Citation | 161 F.2d 825 |
| Parties | HAWLEY v. HUNTER, Warden. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Harry S. Silverstein, Jr., of Denver, Colo., for appellant.
Randolph Carpenter, U. S. Atty., and Eugene W. Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.
Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.
Philip J. Hawley, hereinafter referred to as petitioner, was indicted in the United States Court for New Mexico. The indictment contained two counts. The first count charged that petitioner unlawfully and with fraudulent intent transported or caused to be transported in interstate commerce from Amarillo, Texas, to Los Lunas, New Mexico, a check-writing machine, with intent to use such machine for the purpose of falsely making, forging, and uttering a security or check; and the second count charged that he unlawfully and with fraudulent intent caused to be transported in interstate commerce a falsely made check, knowing that it was falsely made. The check was fully described in respect to amount, name of payee, name of maker, and name of bank on which drawn. Petitioner pleaded guilty to the second count and was sentenced to a term of five years in the penitentiary and to pay a fine. The first count was dismissed. After entering upon the service of the sentence, petitioner was taken before the United States Court for Northern Texas and there pleaded guilty to an indictment charging that he unlawfully and with fraudulent intent transported and caused to be transported in interstate commerce from Dallas, Texas, to New York, in the State of New York, a falsely made, forged, and counterfeited check knowing it to have been falsely made, forged and counterfeited. The check was fully described as to date, amount, name of payee, name of maker, and name of bank on which drawn. A plea of guilty was entered, and a sentence of thirteen months in the penitentiary was imposed, with provision that the sentence should not run concurrently with any pending sentence.
While confined in the federal penitentiary at Leavenworth, Kansas, petitioner instituted in the United States Court for Kansas this proceeding in habeas corpus to obtain his discharge from further incarceration. The warden responded, petitioner was produced in open court, the petition for the writ was denied, and petitioner appealed.
It is the contention of petitioner that the second count in the indictment in the court in New Mexico, and the single count in...
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Matter of S----
...v. United States, 134 F.2d 960 (C.A. 10, 1943), cert. den. 319 U.S. 763; Spencer v. Hunter, 139 F.2d 828 (C.A. 10, 1944); Hawley v. Hunter, 161 F.2d 825 (C.A. 10, 1947). Therefore, the irregularities in procedure occurring before entry of the plea became harmless and do not constitute any b......
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Tom v. Twomey
...a plea of guilty admits all material allegations contained in the count of the indictment to which it is directed. Hawley v. Hunter, 161 F.2d 825 (10th Cir. 1947). Evidence of a valid plea of guilty to a criminal charge is admissible in a civil litigation as an admission against interest if......
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Lewis v. United States
...of Stolen Property Act5 this court has considered, after a guilty plea, the sufficiency of the indictment or information. In Hawley v. Hunter, 10 Cir., 161 F.2d 825, the charge was transportation of a check-writing machine used to falsify a check. The holding was that the making of a false ......
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Halfen v. United States, 7397.
...10 Cir., 313 F. 2d 688, cert. denied, 373 U.S. 922, 83 S. Ct. 1523, 10 L.Ed.2d 421. 10 United States v. Sheridan, supra; Hawley v. Hunter, 10 Cir., 161 F.2d 825; Roddy v. United States, 7 Cir., 262 F. 2d 308, cert. denied, 359 U.S. 949, 79 S. Ct. 734, 3 L.Ed.2d 682; Rickey v. United States,......