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MICHENER v. JOHNSTON

No. 10598.

146 F.2d 129 (1944)

MICHENER v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

December 12, 1944.

Attorney(s) appearing for the Case

Edward F. Treadwell, of San Francisco, Cal., for appellant.

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

Before GARRECHT, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Upon an earlier appeal, Michener v. Johnston, 141 F.2d 171, we sent the case back for appropriate findings on the subject of the waiver of the right to counsel.

No further evidence was taken on the remand. The petitioner requested a finding to the effect that at the time of his arraignment he did not know he was entitled to the benefit of counsel in the event he desired to plead guilty. The court declined...

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