GEARHART v. UNITED STATES

No. 14879.

272 F.2d 499 (1959)

John A. GEARHART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 24, 1959.

As Amended November 3, 1959.


Attorney(s) appearing for the Case

Mr. Ellsworth C. Alvord, Washington, D. C. (appointed by this court), for appellant.

Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Mr. Oliver Gasch, U. S. Atty., was on the brief, for appellee. Mr. Edward C. O'Connell, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.


WASHINGTON, Circuit Judge.

This is a criminal case, in which the issue is whether the District Court abused its discretion in not allowing appellant to withdraw his plea of guilty prior to the imposition of sentence.

On August 12, 1958, appellant was arrested and charged with forgery and the interstate transportation of forged securities. See 18 U.S.C. § 2314 (1952); D.C.Code § 22-1401 (1951). On October 15, 1958, appellant signed a waiver of indictment...

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