O'Keith
O'Keith v. Johnston
Opinion
Lead Opinion
Garrecht, J.
The petition of appellant for a writ of habeas corpus, filed in the court below, alleged in substance that he was confined at Alcatraz Island United States Penitentiary by virtue of a commitment under a judgment and sentence of the District Court of the United States for the Eastern District of Texas, Tyler Division; that he was apprehended December 25, 1936, at Denver, Colorado, and thereafter removed to the jurisdiction of the above court; that an indictment was returned in said District February 9, 1937, charging him, in two counts, with robbery by force and violence, of a member bank of the Federal Deposit Insurance Corporation; that on February 10, 1937, appellant was arraigned and pleaded guilty to the offenses charged in the indictment, being without the assistance of counsel; that on the day following, the appellant w,as sentenced to imprisonment for a period of twenty-five years and to pay a fine of $1,000, or to a term of twenty years on count one of the indictment and twenty-five years on count two, the latter count carrying the fine, the terms of imprisonment to run concurrently; that the record of his trial does not disclose whether appellant knew of his legal rights,…