Price

Price v. Johnston

Good Law
144 F.2d 260·1944 U.S. App. LEXIS 2801
United States Court of Appeals for the Ninth CircuitAugust 3, 1944No. 10671California1,329 words

Opinion

Lead Opinion

Garrecht, J.

This is an appeal from an order of the United States District Court for the Northern District of California denying appellant’s petition for a writ of habeas corpus.

On February 15, 1938, an indictment in four counts was returned by the Grand Jury of the trial court [The District Court of the United States for the Eastern District of Michigan, Southern Division], charging appellant with the violation of Section 588b (a) and (b) of Title 12 U.S.C.A.

The appellant was arraigned before the trial court on February 18, 1938, at which time he was represented by counsel; he waived the reading of the indictment and pleaded “not guilty” to the charges alleged in the indictment.

Appellant was represented by counsel throughout the trial which commenced on April 19, 1938 and concluded on April 29, 1938 when the jury returned a verdict of “guilty” on all counts of the indictment. Appellant was also represented by counsel when .the trial court rendered judgment on May 14, 1938, and pronounced sentence thereon.

Subsequently, appellant filed a petition 'for a writ of habeas corpus in the United States District Court for the Northern District of California, Southern Division, invoking the…

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