United States v. Mack, 12081.

• Decision Date: 25 November 1957
• Docket Number: No. 12081.,12081.
• Citation: 249 F.2d 421
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Helen MACK, Defendant-Appellant.
• Court: U.S. Court of Appeals — Seventh Circuit

249 F.2d 421 (1957)

UNITED STATES of America, Plaintiff-Appellee, v. Helen MACK, Defendant-Appellant.

No. 12081.

United States Court of Appeals Seventh Circuit.

November 25, 1957.

Royal E. Spurlark, Jr., Spurlark, Washington, Peterson & Walsh, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., Donald M. Lonchar, Jr., Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., of counsel, for appellee.

Before DUFFY, Chief Judge, and LINDLEY and PARKINSON, Circuit Judges.

PARKINSON, Circuit Judge.

This is an appeal from an order of the District Court summarily denying a motion of the defendant-appellant Helen Mack to set aside the judgment of conviction and for leave to withdraw her plea of guilty to Counts 1, 2 and 3 of a twelve count indictment charging her and her husband, Nolan Mack, with violation of the narcotic laws.

On June 8, 1955, the defendants were before the court in person and by their counsel, Joseph E. Clayton, Jr. Reading of the indictment was waived by counsel for the defendants and a plea of not guilty was entered.

On September 26, 1956, the defendants were again before the court in person and by their counsel, Richard E. Gorman. Counsel for the defendants informed the court that Mr. Clayton had recently passed away and he had been employed two days before. The Court granted a continuance and reassigned the cause for trial on November 20, 1956. Thereafter several continuances were granted and on April 22, 1957, the cause came on for trial. Both defendants in person and Richard E. Gorman, their counsel, were present in court. Counsel for the defendants asked leave to withdraw the plea of not guilty on behalf of the defendant Nolan Mack and to enter a plea of guilty in Case No. 55-CR-274 and Case No. 55-CR-402, and then made the following statement to the Court:

"On behalf of the defendant Helen Mack in Case No. 55-CR-274, I am withdrawing the plea of not guilty heretofore entered to the first three Counts, Counts 1, 2 and 3, involving the sale of narcotics, and asking that there be substituted in lieu thereof a plea of guilty.

"I have also acquainted the Defendant with the consequences of her plea, and I am asking that a pre-sentence investigation be ordered in that matter."

The Court, on motion of the Government then dismissed defendant Helen Mack from Counts 4 through 12 of the indictment in Case No. 55-CR-274 and from all counts in the indictment in Case No. 55-CR-402. A pre-sentence report was ordered and the cause was continued to May 24th for final disposition. On May 24, 1957, the Court sentenced the defendant-appellant Helen Mack to two years on each of Counts 1, 2 and 3, the sentences to run concurrently.

On May 29, 1957, the defendant-appellant Helen Mack filed a motion to set aside the judgment of conviction and for leave to withdraw her plea of guilty with her affidavit in support thereof wherein she alleged that all matters in this proceeding were handled exclusively by her husband, Nolan Mack; that she was directed by her husband to stand mute and abide by any comment of his attorney; that she did not understand the factual content of the charges as disclosing that she was guilty of any act, deed or other conduct contrary to any law as she was present with her husband solely as a wife attendant upon wifely companionship at the alleged occurrences, and that she did not consult with, or receive advice on personal consultation of, any lawyer who gave consideration in her behalf, or urged in her behalf the benefits of coverture as a proper defense.

On June 3, 1957, the District...