Hall

Hall v. Johnston

Good Law
91 F.2d 363·1937 U.S. App. LEXIS 4230
United States Court of Appeals for the Ninth CircuitJuly 19, 1937No. 8526California970 words

Opinion

Lead Opinion

Denman, J.

This is an appeal from an order denying a petition for a writ of habeas corpus by II. Karl Hall, a prisoner incarcerated at Alcatraz Island, and appearing here forma pauperis.

As to he expected, the petition is somewhat informally drawn, but it substantially presents that the prisoner on or about May 1, 1934, was adjudged insane by the Monroe County West Virginia Lunacy Commission and committed to the Spencer State Hospital for the Insane at Spencer, W. Va., from whose custody he was transported on a stretcher, in a baggage car of a train, to the Western District of Missouri, where a federal indictment was returned against him in the September, 1934, term of the United States District Court for that district.

*364 The petitioner further alleges that at the trial under the "indictment, the court, knowing of his insanity, ordered him to be arraigned and to plead without an attorney. The prisoner complains that such conduct on the part of the, judge having such knowledge is a violation of the judge’s duty and the judgment of conviction ensuing his plea of guilty should be -set aside because the acceptance of the plea without the provision of counsel is a denial of due process under…

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