HYNES v. UNITED STATES

No. 4231.

35 F.2d 734 (1929)

HYNES v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

November 21, 1929.


Attorney(s) appearing for the Case

Louis P. Piquett, of Chicago, Ill., for appellant.

Henry L. Balaban, of Chicago, Ill., for the United States.

Before EVANS and PAGE, Circuit Judges, and LINDLEY, District Judge.


PAGE, Circuit Judge.

Appellant was sentenced, on a plea of guilty, to serve 60 days in the Kane county, Ill., jail. It does not appear that the mittimus, made out on this sentence, on the same day, was delivered to the marshal. On the day of this first sentence, appellant again appeared in court, the judgment was set aside, appellant was given the right to withdraw his plea of guilty, again pleaded guilty, and was sentenced to three years in the penitentiary at Leavenworth...

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