Michener v. United States

GARDNER, Circuit Judge.

This is an appeal from an order denying appellant’s motion to vacate the sentence imposed and the judgment entered on the second count of an indictment. The motion was based upon the ground that the arraignment upon the second count of the indictment was in violation of the double jeopardy clause of the Fifth Amendment to the Constitution of the United States. The indictment, drawn under Section 264, Title 18 U.S.C.A., was in two counts. Count 1 charged that appellant and a co-defendant “unlawfully did cause and procure to be made a certain plate in the likeness of a…