RIVES, Circuit Judge.
Appellants' complaints are that the district court revoked probation and sentenced each of them to two years' imprisonment. On December 5, 1952, the court accepted nolo contendere pleas from Jeff T. Hensley in two cases charging income
After their fines had been paid, the defendants were permitted to return to their home in Metter, Candler County, Georgia, within the Southern District of Georgia, and the duty of supervising them was transferred to the probation office of that district.
The court extended the periods of their probation until November 9, 1956 in order to give time for a hearing of the motions to revoke. On June 12, 13, and 14, 1956, the court conducted a full hearing on said motions.
The ground of the original motions to revoke probation was that "subsequent to December 5, 1952, and during the period of probation, defendant has been guilty of violating the conditions of probation by not cooperating with the Collector of Internal Revenue in determining the amount of tax due." The motions to revoke were filed November 9, 1954. By the time of the hearing in June 1956, the defendants had cooperated in determining the amounts of the taxes due but there had been no payment. At
To which the court responded: "All right." The United States Attorney continued his statement in part as follows:
Shortly thereafter, the defendants' counsel stated:
To which the court responded: "All right, there is no point on that. The question is whether you in good faith paid what you could."
There was thus no confusion on the issue. On June 13, 1956 before the hearing closed, the motions to revoke were amended "by adding the following words to the second paragraph thereof: `and paying the same.'"
On June 14, 1956 at the close of the hearings, the court revoked the probations of the defendants and made the following statement:
Thereafter, the court conducted still further hearings. On July 3, 1957, it overruled the defendant's motions to set aside the judgment revoking probation or, in the alternative, to grant them a new hearing on the Government's motion to revoke probation and their motions to dismiss the Government's motion to revoke probation. On July 12, 1957, the court sentenced each of the defendants to two years in the custody of the Attorney General. These appeals followed, pending which the defendants were admitted to bail.
There was no order of the sentencing court transferring jurisdiction to the Southern District of Georgia, and no order of that court accepting jurisdiction. There is no showing that jurisdiction was transferred, but only that the probation office for the Southern District of Georgia, instead of the like office for the Northern District, supervised the probationers. That did not result in any loss of jurisdiction by the sentencing court.
The real issue upon the hearing of the motions to revoke, of which we hold that the defendants had due notice, was whether the defendants had in good faith paid what they could on the taxes for the evasion of which they were convicted. There was ample evidence to sustain the finding of the district court that they had not, but instead had concealed and fraudulently transferred their assets.
While an appeal lies from a judgment revoking probation,
On Petition for Rehearing.
The following statement of fact appearing at the top of page 3 of the slip opinion is erroneous and is withdrawn:
The motions to revoke probation were filed before the civil proceedings, but were heard after the civil proceedings had failed to result in collection. That does not change our judgments of affirmance. The petitions for rehearing are therefore
"Dear Mr. and Mrs. Hensley:
"This is to advise that you have been transferred to my supervision as of December 5, 1952, having been placed on probation for two years in the Northern District of Georgia on this date, and you will make your future reports to me.
"We send out a monthly letter around the 26th of each month in which is enclosed a report blank which you will fill out in full on the 1st of each month and mail to me at P. O. Box 156, Savannah, Georgia, so as to reach me not before the 1st and not later than the 5th of the month.
"It will be noted that a special condition of your probation is that you, J. I. Harrison, [sic] pay a fine of $1,500.00 of each of two indictments, and that you, Valarea D. Hensley, pay a fine of $1,000.00, which fines we note were paid on December 5, 1952, also that you co-operate with the U.S. Government in determining the amount of civil liabilities due in your case and that you pay the amount finally determined to be due.
"I enclose herewith probation advised agreement blank which you will kindly have filled out by some good upright, law-abiding citizen who will cooperate with us in your supervision. He should not be a lawyer, peace officer, relative or your employer, but a good upright, law-abiding citizen who is known as such in your community, who agrees to voluntarily co-operate with us in your supervision and will fill out the blank and sign it and have it certified at the bottom by the postmaster or some other government or state officer, showing that they know the person who signs it and knows that he is of upright, law-abiding character and will cooperate with us in your supervision.
"Assuring you of our continued interest in your welfare and with kindest regards, I remain