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UNITED STATES v. HENRY

October 5, 1978

UNITED STATES OF AMERICA against JOY HENRY, Defendant.


The opinion of the court was delivered by: COOPER

The defendant wants a trial. To accomplish it, she seeks to remove an overpowering obstacle her clear and unequivocal plea of guilty on June 5, 1978 (one day before the scheduled trial date) to a one count indictment charging bank embezzlement in violation of 18 U.S.C. ยง 656 filed April 17, 1978.

Her counsel firmly presented, at the outset of the taking of plea (22 pages of transcript), defendant's decision to admit guilt. *fn1"

 In the course of her allocution, she admitted preparing and presenting one of the fifty-six cash advance tickets listed in the indictment.

 Thus,

 
Q. Now, if I am to really know what I am doing, you must answer a question that usually is embarrassing, but must be answered, and you must not lie about it because if you lie about it you can be found guilty of an additional crime.
 
Now, what is that question? The question is: What did you do in connection with this particular item? I want the truth, the whole truth and nothing but the truth, and if you start to equivocate and play around you will go to trial tomorrow; do you understand that?
 
A. Yes, sir.
 
Q. Let me have it.
 
A. I typed up a cash advance ticket and presented it to a teller.
 
Q. A little louder.
 
A. I typed up a cash advance ticket and presented it to a teller.
 
Q. All right. And you got the money?
 
A. Yes.
 
Q. $ ...

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