In Re Sargen

This proceeding in habeas corpus was instituted on behalf of Bernard Sargen, a prisoner in the state prison at San Quentin, under -commitment for felony from the Superior Court in and for Los Angeles County, it being contended as ground for discharge that said commitment was nullified by proceedings had in the trial court after the prisoner had been delivered into the custody of the warden of said state prison.

The following are the facts: Sargen was charged by information with having violated section 538 of the Penal Code. He was at all times represented by an attorney, and on August 8, 1932, entered a plea of guilty and applied for probation. On August 31, 1932, he was arraigned for judgment, at which time his attorney asked permission to withdraw from the case, and that a continuance be granted so as to enable Sargen to secure other counsel. In making such request the attorney stated that contrary to his advice Sargen insisted on making an application to withdraw his plea of guilty, plead not guilty, and stand trial. The request for permission to withdraw from the ease and for a continuance was denied, the court- stating that Sargen had entered his plea of guilty after having…