Joseph J. Tynan v. Frank A. Eyman, Warden, Arizona State Prison

Appellant is in State custody, serving a prison sentence imposed on April 30, 1956, by the Superior Court of the State of Arizona, in and for the County of Maricopa, following conviction by a jury of the charges of rape and assault, at which trial he was represented by court-appointed counsel.

No appeal from the judgment of conviction was taken. He states in his brief that a petition for a writ of habeas corpus was filed in the Supreme Court of the State of Arizona, and denied on November 30, 1964.

On August 4, 1964, appellant filed an application for a writ of habeas corpus in the United States District Court for the District of Arizona. What disposition was made of this petition we are unable to determine. In any event, however, the District Court permitted appellant to file in forma pauperis a reapplication for a writ on April 15, 1965.

In this petition appellant alleges:

1. That he was denied his constitutional right to be represented by court-appointed counsel at his preliminary examination ; and

2. That perjured testimony procured by the Prosecutor was used against him in his trial.

The trial court denied the writ on the same day as the petition was filed, without the…