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NOLL v. UNITED STATES

April 22, 1949

NOLL
v.
UNITED STATES



The opinion of the court was delivered by: GOURLEY

This matter comes before the Court on petition of Carl I. Noll to make available free copies of the following court records as provided by the Judicial Code, 28 U.S.C.A. § 1915:

1. Certified copies of docket entries.

2. Certified copies of the indictment.

 3. Certified copies of commitment and judgment.

 4. Certified copies of the transcript of all proceedings.

 The petitioner alleges that his imprisonment is illegal, void, and in direct violation of the provisions of the constitution of the United States of America, and that the documents requested are necessary and required to properly test the legality of petitioner's imprisonment.

 The petition has been executed in accordance with the provisions of the Judicial Code and, in addition to his request for production of said documents, the petitioner in anticipation of denial of his request requests leave to proceed on appeal in forma pauperis as provided by the Judicial Code, 28 U.S.C.A. § 1915.

 On the 16th day of September, 1947, a three count indictment was returned against petitioner, in which he was charged with violation of Title 18, Section 415 (now Sec. 2314), of the United States Code. Said three count indictment related to the commission of three separate offenses by the petitioner in connection with unlawful and fraudulent intent, transporting and cause to be transported certain falsely made securities, on which a fictitious name was used by the defendant and no account was carried at the banks upon whom the checks were drawn.

 At the time said indictment was returned against petitioner on September 16, 1947, he was in the custody of the federal authorities in the Eastern District of Missouri, having been transferred thereto on his own petition from the Northern District of New York. On September 19, 1947, the petitioner executed a motion, which was filed in this Court on September 23, 1947, for a speedy trial and disposition of the indictment which was returned in this jurisdiction. Since the federal authorities in the Eastern District of Missouri, Eastern Division, had prior custody of petitioner on the basis of his request for transfer from the Northern District of New York, the indictment which was pending in the Eastern Division of Missouri in the United States District Court was first considered and disposed of. The defendant proceeded to trial on November 4, 1947, after a plea of not guilty to a three count indictment; after legal counsel having been duly appointed for him; and a verdict of guilty was returned on the first count of the indictment and not guilty on the second and third counts of the indictment. On November 12, 1947, the defendant appeared before the Honorable Rubey M. Hulen, United States District Judge for the Eastern District of Missouri, Eastern Division, Docket No. 25466, at which time judgment and sentence was imposed on the verdict of the jury.

 At the time sentence was imposed, the defendant and his counsel and the United States Attorney called to the attention of Judge Hulen that there was a proceeding pending in the United States District Court for the Western District of Pennsylvania, in which he was charged with similar offenses. At the time the defendant and his counsel appeared before Judge Hulen, the following colloquialism took place:

 'Mr. Robinson, U.S. Attorney: In addition to this conviction here, Your Honor, this defendant cashed checks in Pennsylvania in the amount of about $ 1400 -- similar checks -- these fictitious checks that he wrote himself on fictitious banks, and he is under indictment there and there is a detainer against him; and he passed some checks in Ohio. I think though that Pittsburgh is the only indictment, and I think when the case has been taken care of here -- they so indicated to us -- this man was arrested in New York, he agreed to plead guilty up there if they transferred the case, and did, and when the papers got up there, he withdrew his plea, and then he was indicted in Pittsburgh. If this case had been disposed of, I don't think there would have been any prosecution in Pittsburgh, because they are all a series of checks about the same time.

 'The Court: As I recall, the jury returned a verdict of not guilty on counts 2 and 3.

 'Mr. Robinson: That is right. ...


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