Opinion
No. 11981.
November 16, 1948.
Appeal from the United States District Court for the Northern District of California, Northern Division; Dal M. Lemmon, Judge.
Lawrence James Conley was convicted of impersonating a naval officer, and in such pretended character of wilfully and feloniously obtaining a sum of money from another, and he appeals.
Affirmed.
Lawrence James Conley, in pro. per.
Frank J. Hennessy, U.S. Atty., of San Francisco, Cal., and Harlan M. Thompson and Emmet J. Seawell, Asst. U.S. Attys., both of Sacramento, Cal., for appellee.
Before DENMAN, Chief Judge, and HEALY, and ORR, Circuit Judges.
Appellant was convicted of the crime of impersonating a naval officer of the United States, and in such pretended character of wilfully and feloniously obtaining a sum of money from one Reverend Rex Barron.
18 U.S.C.A. § 76 [1948 Criminal Code, 18 U.S.C.A. § 912].
Originally a misdemeanor charge was lodged, namely, the illegal wearing of a uniform (10 U.S.C.A. § 1393), but upon the subsequent ascertainment of the fact that the accused had procured money in reliance upon his impersonation the misdemeanor charge was dismissed and the matter presented to the Grand Jury. Counsel was appointed to represent the accused at the outset of the case. However, after the return of the indictment he insisted upon representing himself. The offer of this court to designate counsel for him was likewas declined.
1948 Criminal Code, 18 U.S.C.A. § 702.
The charge against appellant was fully proven; and while he complains of mistreatment we find no evidence thereof in the record. Every effort appears to have been made by the trial court to safeguard his rights and to insure him an impartial trial.
Affirmed.