In re Schneider
Opinion
lead Opinion
Shenk, J.
The petitioner, Leroy M. Schneider, seeks his release from Folsom prison on a writ of habeas corpus. He is imprisoned for forgery and has been serving sentence since June, 1947.
Upon the filing of the petition, prepared in propria persona, an order was issued requiring the respondent warden to show cause why the writ should not issue. At the request of the petitioner this court appointed counsel to represent him in this proceeding.
The principal allegations of his petition are, (1) that after his arrest money rightfully belonging to him was taken from him and that he was therefore unable to employ counsel of his own choice; (2) that he was forced to enter a plea of guilty; *397 (3) that the services furnished to him by counsel for the state were inadequate; (4) that he was held “incommunicado” in the county jail and was not permitted to subpoena witnesses ; (5) that he was wrongfully permitted to waive his preliminary examination; and (6) that he was denied due process of law.
Prior to the hearing on the order to show cause the attorney general filed a return consisting of an answer and five exhibits which include the transcript of the testimony at the preliminary examination;…