Alexander

Alexander v. Johnston

Good Law
137 F.2d 712·1943 U.S. App. LEXIS 2884
United States Court of Appeals for the Ninth CircuitAugust 30, 1943No. 10402California649 words

Opinion

Lead Opinion

Stephens, J.

Alexander is confined in the United States Penitentiary at Alcatraz, California, by Johnston, as warden, upon commitment issued after Alexander had pleaded guilty to a count in an indictment and had been sentenced. Upon his petition alleging illegal imprisonment a writ of habeas corpus was issued, and after a hearing the petition was denied and the writ discharged. Alexander appeals. His sole ground for demanding liberty at the habeas corpus hearing and here is that he was without the assistance of counsel and was not advised that he could have counsel notwithstanding he could not pay therefor upon arraignment, plea and sentence. Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L. Ed. 1461 . At the hearing herein he stated that at his arraignment Elmer Furrow, attorney for four other defendants, spoke for all five of them (indicted together) and entered pleas of not guilty for all; that at the time set for trial he changed his plea to guilty because he was financially unable to retain a lawyer; that the indictment was read to him at both arraignment and the •time set for trial; that before sentence the court asked if he had anything to say in his behalf and at his request…

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