MICHENER v. JOHNSTON

No. 10598.

141 F.2d 171 (1944)

MICHENER v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

February 28, 1944.


Attorney(s) appearing for the Case

Edward F. Treadwell, 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 GARRECHT and HEALY, Circuit Judges, and McCORMICK, District Judge.


HEALY, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus. The factual question involved is whether the petitioner competently waived his right to the assistance of counsel upon an arraignment. The court below held that he did.

In 1935 an indictment in two counts was returned in the United States Court for the district of Minnesota charging (1) that the petitioner and one Franzeen "did cause and procure to be made" a certain...

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