Walker

Appeal has been taken from an order denying a petition for a writ of habeas corpus. Appellant is confined to the United States Penitentiary at Alcatraz Island.

On April 14, 1936, appellant and another were indicted in a United States District Court in Texas. One count charged robbery of a national bank by force and violence and by putting certain employees in fear thereof. A second count charged defendants with using a dangerous weapon in committing the offense described in the first count. On April 28, 1936, a jury was sworn and the indictment was read, appellant pleaded guilty, and his codefendant pleaded not guilty. The jury returned the following verdict: “We the jury, find the defendant Jack Walker guilty as charged in the indictment. We further find the [co-defendant] guilty.” On May 1, 1936, judgment was pronounced sentencing appellant to imprisonment for twelve years.

In his petition for a writ of habeas corpus, appellant alleged that he was being deprived of his liberty contrary to the Sixth Amendment of the Constitution, U.S.C.A., because he did not know he was entitled to counsel when the proceedings under the indictment took place, was not so advised by the court,…