126 F.2d 215 | 10th Cir. | 1942
Appellant, Oren Lester Record, seeks release from the federal penitentiary at Leavenworth, Kansas, by writ of habeas corpus. He has appealed from the decision of the United States District Court for the District of Kansas denying his application for the writ.
An indictment containing two counts was lodged against him in the United States District Court for the Eastern District of Missouri. The first count charged
Two separate and distinct offenses are stated in the statute, first, the offense of transporting in interstate commerce a motor vehicle, knowing the same to have been stolen, and second, receiving, concealing, storing, bartering, selling or disposing of a motor vehicle moving in interstate commerce, knowing the same to have been stolen. We have held that one act may give rise to both offenses charged in the statute, Chrysler v. Zerbst, 10 Cir., 81 F.2d 975; Jackson v. Hudspeth, 10 Cir., 111 F.2d 128. The two counts of the indictment charge separate offenses defined in the statute, Appellant was tried and found guilty on each count. We find no error in the record.
Affirmed.