HUTCHESON, Circuit Judge.
Appellant, a prisoner confined in the United States penitentiary, applied for release on habeas corpus, making two attacks upon the judgment, sentence and mittimus under which he was being held.
The first was that the indictment was null and void, and failed to charge any offense. The second, that he was put to trial without his having, or having competently and intelligently waived, the assistance of counsel for his defense.
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