KELLY v. JOHNSTON

No. 10019.

128 F.2d 793 (1942)

KELLY v. JOHNSTON.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 11, 1942.


Attorney(s) appearing for the Case

Thomas G. Mahoney and George T. Cronin, both of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and R. B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before WILBUR, STEPHENS, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

In August 1932 appellant participated in the armed robbery of a postoffice station. In the following month he was arrested and indicted for armed robbery of mail matter, under § 197 of the Criminal Code, 18 U.S. C.A. § 320, 35 Stat. 1126. Without counsel, he pleaded guilty and was sentenced to twenty-five years imprisonment, the mandatory penalty under the statute. He now seeks release by writ of habeas corpus. A writ was issued by...

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