The State Bar v. Hull

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CONREY, P. J.

In the year 1915 respondent Hull obtained from the Supreme Court of Indiana an order admitting him to practice law in that state. Said order has never been vacated or set aside. In the year 1920 and while respondent was practicing law in the state of Indiana an indictment was found and returned in the District Court of the United States, for the district of Indiana, against respondent Hull and one Heldt, an officer of a bank at Evansville. In the indictment it was charged that Heldt, as assistant cashier of the bank, fraudulently and feloniously, and with intent to injure the bank, wilfully misapplied certain funds and credits of the bank for the use and benefit of Hull. It was further charged that Hull did fraudulently and feloniously aid and abet said Heldt in commission of the crime, the circumstances whereof are fully set forth in the indictment. Both defendants were convicted and respondent Hull was sentenced to serve a term of eighteen months in the federal penitentiary at Leavenworth. After having served his term respondent came to California and on June 21, 1923, filed in this court his application to be admitted to practice law in all the courts of this state. In connection with said application he made an affidavit which contained the following statement: “That affiant has never been charged before any court with crime amounting to either felony or misdemeanor involving moral turpitude.” This application was in due course referred to the State Board of Bar Examiners for examination as to the applicant’s moral and other qualifications. The board appointed Mr. John E. Biby, an attorney at law in Los Angeles, to examine and report. After Mr. Biby had made his examination, which included an oral interview with the applicant, a favorable report was filed; whereupon the Board of Examiners made a favorable report to this court and the applicant obtained the order admitting him to practice in this state. The applicant did not at any time give information to Mr. Biby or the Board of Examiners of this state, in any way concerning or relating to the above-mentioned indictment and conviction.

All the foregoing facts are set forth in the petition herein and are not denied in the answer filed by respondent. The petition further alleges that in the course of his examination

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