Gargano v. United States

MATHEWS, Circuit Judge.

Appellant was indicted in three counts, was arraigned, pleaded not guilty and was tried, convicted and sentenced on all counts of the indictment. The judgment sentencing appellant was entered on February 5, 1938. On February 12, 1943 — long after the expiration of the term of court at which the judgment was entered — appellant moved to vacate and set aside that part of the judgment which sentenced him on count 2 of the indictment, on the ground that that part of the judgment was void because counts 1 and 2 charged a single offense. The court heard the motion and, on May…