Pandolfo v. Biddle

• Citation: 8 F.2d 142
• Decision Date: 17 September 1925
• Docket Number: No. 7014.,7014.
• Parties: PANDOLFO v. BIDDLE, Warden of Penitentiary.
• Court: U.S. Court of Appeals — Eighth Circuit

8 F.2d 142 (1925)

PANDOLFO v. BIDDLE, Warden of Penitentiary.

No. 7014.

Circuit Court of Appeals, Eighth Circuit.

September 17, 1925.

L. S. Harvey, of Kansas City, Kan. (W. E. Stickel, of Kansas City, Kan., on the brief), for appellant.

Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al. F. Williams, U. S. Atty., of Topeka, Kan., on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

This is an appeal by Samuel C. Pandolfo from an order denying his discharge in a habeas corpus proceeding.

In February, 1919, the Federal Trade Commission commenced an investigation of the Pan Motor Company (hereinafter called the Company). Pandolfo was president of the company. On March 6, 1919, the commission wired the company, requesting copies of its monthly trial balances and financial statements, from September 30, 1918, to date, and certain other information supplemental thereto. On the same date the company answered this request by wire, signed "Pan Motor Company, Pandolfo," stating: "Will take much pleasure in submitting to you copy of J. G. White Engineering Corporation report, also many other reports from examiner, committees, and investigators, together with certified public accountant's audit, and * * * other information. * * *" On March 10, 1919, the commission addressed a letter to the company, in which it inclosed a questionnaire and requested that the same be answered and returned. This questionnaire was returned March 22, 1919. Thereafter, between March 29, 1919, and April 10, 1919, an exchange of telegrams took place between the commission and the company and its officers. These telegrams show that the commission requested Pandolfo to appear before it and make a voluntary statement, and that Pandolfo answered in part as follows: "I am exceedingly willing and anxious to make voluntary statement to your honorable commission." Thereafter, Pandolfo appeared and testified before the commission.

On April 5, 1919, Pandolfo was indicted for violations of Sections 215 and 37 of the Penal Code (Comp. St. §§ 10385, 10201). He was tried and convicted, and sentenced to serve a term of ten years in the United States penitentiary at Leavenworth and to pay a fine of $4,000. This judgment was affirmed by the Circuit Court of Appeals for the Seventh Circuit. Pandolfo v. U. S., 286 F. 8. After his commitment to the penitentiary, Pandolfo brought this proceeding to secure his discharge.

Pandolfo contends that he was prosecuted and convicted on account of the transaction, matter, and thing concerning which he testified before the commission; that under the provisions...