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ALEXANDER v. JOHNSTON

No. 10402.

137 F.2d 712 (1943)

ALEXANDER v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

August 30, 1943.

Attorney(s) appearing for the Case

Edward V. Mills, of San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., and A. J. Zirpoli, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Alexander is confined in the United States Penitentiary at Alcatraz, California, by Johnston, as warden, upon commitment issued after Alexander had pleaded guilty to a count in an indictment and had been sentenced. Upon his petition alleging illegal imprisonment a writ of habeas corpus was issued, and after a hearing the petition was denied and the writ discharged. Alexander appeals. His sole ground for demanding liberty at the habeas corpus...

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