BRYARLY v. HOWARD

No. 9418.

165 F.2d 576 (1948)

BRYARLY v. HOWARD, Warden.

Circuit Court of Appeals, Seventh Circuit.

January 5, 1948.


Attorney(s) appearing for the Case

Albert J. Ushana, of Chicago, Ill., and Harold Bryarly, of Michigan City, Ind., for appellant.

Cleon H. Foust, Atty. Gen., and Merl M. Wall, Deputy Atty. Gen., for appellee.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


EVANS, Circuit Judge.

The asserted basis of petitioner's application for a writ of habeas corpus lies in his allegation that his plea of guilty upon which he was sentenced was obtained by trickery in that he had been promised he would not be prosecuted if he pled guilty. The trial court dismissed the writ, but granted a certificate of probable cause. This appeal followed.

Petitioner was convicted by an Indiana state court, of robbery of a gas station, and...

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