Johnston v. McDonald

MATHEWS, Circuit Judge.

In the District Court of the United States for the Eastern District of Michigan, hereafter called the Michigan court, Walter McDonald and Otto Barnowski were indicted in six counts. Count 1 charged a violation of 12 U.S.C.A. § 588b(a). The other counts charged violations of 12 U.S. C.A. § 588b(b). Both defendants were tried and found guilty on all counts of the indictment. Thereupon, on January 26, 1939, the Michigan court entered a judgment sentencing each defendant to be imprisoned for 35 years. From that judgment no appeal was taken.

The United States penitentiary at…