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UNITED STATES v. JACEK

July 31, 1961

UNITED STATES of America
v.
Franklin JACEK



The opinion of the court was delivered by: MARSH

On January 15, 1959, a 22-count indictment was returned against this defendant.

Counts 1-10, in substance, charged that on or about November 18, 1958, the defendant received certain forged obligations of the United States with the intent that the same be passed, published and used as true and genuine. Each of these counts referred to a separate specifically-numbered United States Postal Money Order, but the date that each money order was alleged to have been received was the same in each count, viz.: November 18, 1958.

 Counts 11-20, in substance, charged that on or about December 30, 1958, the defendant with intent to defraud did forge certain United States Postal Money Orders. Each of these counts referred to a separate specifically-numbered United States Postal Money Order, the money order involved in count 11 being the same as that involved in count 1, the one in count 12 being the same as that involved in count 2, and so forth for the other counts to and including count 20.

 The 21st count charged that the defendant 'did knowingly possess, with intent to use, a counterfeited postmarking stamp * * *.'

 In count 22 the defendant was charged with having secreted without authority from the United States 399 blank United States Postal Money Order forms which were intended to be prepared, issued and put in circulation on behalf of the United States as papers, instruments, and obligations of the United States. *fn1"

 On February 9, 1959, petitioner pleaded not guilty to the indictment, but on April 13, 1959, petitioner appeared with counsel before an associate Judge of this court and changed his plea to guilty as to all 22 counts.

 On May 25, 1959, petitioner was sentenced by this court as follows:

 (1) Count 1: Five years' imprisonment.

 (2) Counts 2-10: Sentence suspended and defendant placed on probation for a period of three years.

 (3) Counts 11-20: Sentence suspended and defendant placed on probation for a period of three years.

 (4) Count 21: Five years' imprisonment.

 (5) Count 22: Sentence suspended and defendant placed on probation for a period of three years.

 It was provided that the imprisonment sentences were to be concurrent, and, likewise, that the probation sentences were to be concurrent and were to begin upon defendant's release from prison.

 The matter here under consideration is petitioner's 'Motion to Void Judgment Under indictment #15682 in Criminal Case #15682 Pursuant to Law Provided in Such Cases.' We shall treat this motion ...


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