Pagett

In a letter addressed to me by Chester W. Pagett, he states, among other things, his desire to appeal from a decision of the District Court for the Eastern District of Washington denying his petition for writ of habeas corpus. The letter is accompanied by the record in that case and will be considered as an application for leave to appeal from such order.

The letter is accompanied by an application to proceed in forma pauperis. In the petition for writ of habeas corpus addressed to the District Court, petitioner complains that he was forced to trial on an indictment for forgery without his employed counsel and with the assistance of á court appointed attorney, in the absence of witnesses he desired to summon. He claims that he was thereby denied a right guaranteed to him by the Constitution of the United States. This question could be raised on appeal from the judgment of conviction, and it is doubtful if it can be raised collaterally by petition for a writ of habeas corpus. Johnson v. Zerbst, 5 Cir., 92 F.2d 748 .

The District Court denied the application upon the ground that two similar applications by the petitioner already had been heard and denied. In the order denying the…