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0-19 (Rev. 6-1-61) ol : By The Ainodtatcn Preset a 7 WASHINGTO ae ‘ aoe Dpreme faurt de: * ed cision to hardened crimi-. Hy aa Pan a lighter sen drew tr unnt St, con nunelation from the minorky yesterday. . ‘ Justice’ Tom speaking for the dissenters, said, “Once the opinion goes the round of our prisons, we will likely be plagued with a cations.” _ The decision, he said, is an invitation to prisoners “al. ways sceking a sojourn from ‘Munchausen’ tales when self- interest readily leads to self- deception.” ‘“Munchausen” referred to the eighteenth Century German spinner of wild tales, Baron Kar! von Munchausen. Claims Excessive Sentence | The decision will permit John Machibrods to return to Toledo, Chio, to present his argument that his forty-year sentence for robbing two Fed- erally insured banks in Ohio as excessive. Machibroda, in appealing to the Supreme Court, said his guilty plea was not voluntary but was induced by a promise of leniency by an ; assistant U. 8S, Attorney. | He complained also that he ‘was coerced into concealing | the situation from the sen- ) tencing .court because the | prosecutor threatened him iat _fonnection with other af. " fenses. Machibroda was sentenced ee ee Clark, : rash of such spurious appliz their keepers to swear to ‘years after the prosecutor #s : Faustioe Potter Stewart, Je, the majority opinion, said. “There wil! always be orar- could not agree with the gov- | ernment that am hearing | would be futile because of the apparent lack of any eye- witnesses to the occurrences alleged except for Machi- broda and the U. &. Attorney. Other Dissentere + Justice Clark's dissent, joined in by Justices Fellx Frankfurter and John M. Harlan, said an examination of the files and records in the | case reveal that Machibrods . “clearly outspoke himself.” “If g deal bad been made,” Justice Clark said, “it borders on the incredible that peti- tioner would sit quietly tn . prison over two and one-half had reneged on his promise. ~ “Alcatraz is @ maximum- security institution hosing dangerous incorrigibles Petitioner wants a change of scenery, the court has left, the door ajar for a‘trip from” California to Ohio along with May 23,1956. and he did not the accompanying hazards” j REC- 37 2-27 Ses NOT RECORDED — —pememseteresiadienen liam Tolson > _p/Belmont Mohr Callahan —____. Conrad Evchs Malone Rosen ‘Sullivan Tavel Trotter Tele Room Ingram Gandy The Washington Post and Times Herald The Washington Daily News —— The Evening Star New York Herald Tribune 5 Now York Journal-American —__ New York Mirror New York Daily News New York Post The New York Times The Woiker : The New Leader The Wail Street Joumal it = y Date ZEB 0 1962 46 FEB 27 1962 ees