Harris

In April, 1954, Fred Russell Harris was convicted of armed robbery by a California Superior Court. He had pled guilty, but did not have the assistance of counsel at any stage of the proceedings against him. He now seeks a writ of habeas corpus, claiming that his constitutional rights have been violated (1) by the failure of the magistrate at his Preliminary Examination to assign counsel and (2) by the similar failure of the presiding judge at arraignment in Superior Court. It appears that petitioner has exhausted his available state remedies.

On October 15, 1964, this Court issued an order to show cause to the Attorney General of the State of California. The return was filed November 6, 1964. It included a transcript of the proceedings at arraignment. Petitioner had furnished the Court with a copy of the transcript of proceedings at the Preliminary Examination. N. Rommel Bondoc, Esq., was assigned by this Court to represent the petitioner in the proceedings here and has commendably served without compensation. Following argument and briefing, both sides have submitted the case on the facts disclosed by the transcripts.

It is conceded that failure to appoint counsel at the…