BURALL v. JOHNSTON

No. 10724.

146 F.2d 230 (1944)

BURALL v. JOHNSTON.

Circuit Court of Appeals, Ninth Circuit.

December 12, 1944.


Attorney(s) appearing for the Case

J. W. Ehrlich, of San Francisco, Cal., for appellant.

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

Before GARRECHT, HEALY, and BONE, Circuit Judges.


GARRECHT, Circuit Judge.

The appellant here is imprisoned in the United States Penitentiary at Alcatraz for the crime of mail robbery.

His petition for a writ of habeas corpus was denied by the lower court. On this appeal two questions are raised:

1. Whether the deprival of counsel at the examination before the Commissioner constitutes such error as to be grounds for granting habeas corpus;

2. Whether it is mandatory that a petition of habeas...

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