McMullen

This was a petition for a writ of habeas corpus. An order to show cause was issued and the appellant had a hearing in open court before the Honorable Charles H. Leavy who denied the petition and dismissed the action. It appears from the record that McMullen, and one Coffelt, were traveling in an automobile which had posted therein application for registration in the name of Sylvia Putnam, the former name of McMullen’s wife. At Blythe, California, where they had crossed the state line from Arizona, McMullen and Coffelt were held for investigation of this registration. A colt revolver and a 12-gauge Browning automatic shotgun were found. McMullen was, thereupon, in the Southern District of California, indicted on a charge of possession of an unregistered sawed-off shotgun in Count 1, and in Counts 2 and 3, with transportation and receipt of firearms in interstate commerce. It was further alleged that McMullen had previously been convicted of a crime of violence. On April 17, 1939, in open court, McMullen appearing with counsel, waived his right to trial by jury. On April 27, 1939, a written stipulation was entered into signed by Russell K. Lambeau, Assistant United States Attorney…