United States v. Herman Ulysses Gumbs, Jr.

Obviously it is impossible to tell from the face of the information whether the two counts charged two separate offenses or only one. If the appellant had pleaded not guilty to one or the other of these counts, the proofs would have answered this question by showing either a single offense or two separate offenses, such possibly as Judge Chase, by drawing on the affidavit by Government counsel, has described.

Certainly the record does not show affirmatively that only one offense was involved. And, in my opinion, the appellant, by pleading guilty to both counts and thus foreclosing proofs which…