WILLIAMS v. PERINI

No. 19744.

426 F.2d 241 (1970)

Ernest WILLIAMS, Petitioner-Appellee, v. E. P. PERINI, Superintendent, Marion Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

May 18, 1970.


Attorney(s) appearing for the Case

Stephen M. Miller, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellant; Paul W. Brown, Atty. Gen., Columbus, Ohio, on brief.

John C. Huffer (court appointed) Toledo, Ohio, for petitioner-appellee; Millward & Huffer, Toledo, Ohio, on brief.

Before PECK, COMBS and BROOKS, Circuit Judges.


PER CURIAM.

The defendant-appellee and his codefendant in the Ohio state court therein in 1962 entered pleas of guilty to a charge of armed robbery. At their preliminary hearing both indicated a willingness to waive indictment and to respond to an information. The presiding judge thereupon called appellee's codefendant forward and explained the right of one charged with a crime to counsel, emphasizing that this right exists "under the constitution." The trial judge...

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