Waldon

This is an appeal from an order of the District Court denying appellant’s petition for a writ of habeas corpus. The facts leading up to the appellant’s conviction and sentence in the Illinois District Court are set out in an opinion by the trial judge upon his denial of Waldon’s motion to vacate the sentence. See Waldon v. U. S. D. C., 84 F.Supp. 449 . After this denial •of the motion to vacate sentence, appellant sought a writ of habeas corpus in the California District Court. This application raised the same issues as the motion to vacate sentence and it also' was denied. On appeal, this Court affirmed, 184 F.2d 185 ; and certiorari was denied, 340 U.S. 912 , 71 S.Ct. 292 , 95 L.Ed. 659 .

On this appeal from a second petition, we are met with issues that have all been raised in the prior proceedings, but which, were not discussed in our per curiam in 184 F.2d 185 . They are (a) whether the erroneous imposition and partial collection of a fine from Waldon may be challenged in this appeal; (b) whether the petitioner’s absence upon the trial court’s modification of sentence so' as to strike the erroneous fine renders that action void; and (c) whether the absence of women from the…