Ross v. Hudspeth, 1952.
| Decision Date | 19 December 1939 |
| Docket Number | No. 1952.,1952. |
| Citation | 108 F.2d 628 |
| Parties | ROSS v. HUDSPETH, Warden. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Jack Ross, pro se.
Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.
Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.
This is an appeal from a judgment denying a petition for a writ of habeas corpus.
An indictment was returned against petitioner in the District Court of the United States for the Eastern District of Michigan, Southern Division, containing four counts, charging violations of 18 U.S.C.A. § 265.
The first count charged that petitioner on July 5, 1937, with intent to defraud the United States and one Carl Watkins, unlawfully passed, uttered, published, and sold a certain falsely made, forged, and counterfeited obligation of the United States, to-wit: A counterfeited $20 Federal Reserve Note, knowing the same to have been falsely made, forged, and counterfeited. The second count charged that petitioner on July 5, 1937, did unlawfully keep in his possession and conceal a certain falsely made, forged, and counterfeited obligation of the United States, to-wit: A counterfeited $20 Federal Reserve Note, knowing the same to have been falsely made, forged and counterfeited, with intent to pass, publish, utter, and sell the same, and with intent to defraud the United States and one Carl Watkins. The third count charged that petitioner on July 17, 1937, with intent to defraud the United States and one William J. Edwards, unlawfully passed, uttered, published, and sold a certain falsely made, forged, and counterfeited obligation of the United States, to-wit: A counterfeited $20 Federal Reserve Note, knowing the same to have been falsely made, forged, and counterfeited. The fourth count charged that petitioner on July 17, 1937, did unlawfully keep in his possession and conceal a certain falsely made, forged, and counterfeited obligation of the United States, to-wit: A counterfeited $20 Federal Reserve Note, knowing the same to have been falsely made, forged, and counterfeited, with intent to pass, publish, utter, and sell the same, and with intent to defraud the United States and one William J. Edwards.
Each count specifically described the forged and counterfeited note and the one described in counts one and two differed from the one described in counts three and four.
Petitioner refused to plead to the several counts of the indictment and thereupon, by direction of the court, a plea of not guilty was entered. Petitioner was tried, convicted, and sentenced to imprisonment for a term of 20 years.
In his petition for habeas corpus petitioner alleged that the trial court was biased and prejudiced and deprived petitioner of the right of cross-examination; that the bias and prejudice of the trial judge was so manifest as to make trial by jury "an idle and useless ceremony"; that the trial judge so invaded the province of the jury, and so abridged petitioner's constitutional rights, that the Assistant United States Attorney objected thereto, but without avail; that the United States Attorney admonished the...
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U.S. v. Dodson
...(ruling that defendant's two distinct convictions under same indictment constitute a single consolidated judgment); Ross v. Hudspeth, 108 F.2d 628, 628-29 (10th Cir.1939) (treating convictions and sentences on one multicount indictment as a single More recently the Supreme Court depended on......
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Greene v. United States
...10 Cir., 127 F.2d 982, 984; McKee v. Johnston, 9 Cir., 109 F.2d 273, 275; Jackson v. Hudspeth, 10 Cir., 111 F.2d 128, 129; Ross v. Hudspeth, 10 Cir., 108 F.2d 628, 629; Hawkins v. United States, 7 Cir., 14 F.2d 596, 597—598; Klein v. United States, 1 Cir., 14 F.2d 35, 37; Neely v. United St......
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Levine v. Hudspeth, 2471.
...v. Johnston, 9 Cir., 109 F.2d 273. The rule has been followed by this court in Warden v. De Londi, 10 Cir., 62 F.2d 981; Ross v. Hudspeth, 10 Cir., 108 F.2d 628, and Jackson v. Hudspeth, 10 Cir., 111 F.2d Here the petitioner was convicted on five counts of an indictment charging a violation......
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Copeland v. Manning, 17544
...all the offenses may be given as long as it does not exceed the aggregate of sentences which might be separately imposed. Ross v. Hudspeth, 10 Cir., 108 F.2d 628; Neely v. United States, 4 Cir., 2 F.2d 849; Marlette v. United States, 4 Cir., 249 F.2d 95. In a few jurisdictions the view is t......