Garrison v. Reeves

The petitioners for mandamus are confined in the penitentiary at Alcatraz, California, pursuant to sentences imposed by respondent, Judge Reeves, under two counts of an indictment duly brought against them, together with others, in the District Court for the Western District of Missouri. The sentence imposed under count one was for the term of twenty years and the sentence under count two was for the term of twenty-five years, said terms to be served consecutively. The same indictment was afterwards considered by this court on the appeal of a co-defendant, Paul M. Hewitt, from his judgment of conviction thereon, and it was determined by this court that the robbery of the Uviversity Bank charged in the indictment constituted for the prupose of sentence but one offense, and although the sentence of twenty-five years imposed under the second count was found to be valid and was sustained, we held that no sentence should have been imposed under the first count, and we directed that the sentence imposed upon Hewitt on the first count should accordingly be vacated. Hewitt v. United States, 8 Cir., 110 F.2d 1, loc.cit. 10, 11. Application for certiorari to review our decision was denied by the Supreme Court. 310 U.S. 641, 60 S. Ct. 1089, 84 L. Ed. 1409.