O'Keith

This js appellant’s second appearance in this court for the issuance of a writ of *232 habeas corpus. The lower court denied the instant application for habeas corpus, on the grounds that the facts presented are identical to those in the former case, O’Keith v. Johnston, 9 Cir., 129 F.2d 889 .

Appellant contends he has proffered new evidence and additional authorities. Since O’Keith v. Johnston, 9 Cir., 129 F.2d 889 , was decided by this court, there have been other cases decided on this question of waiver of the right to assistance of counsel. Appellant relies on Widmer v. Johnston, 9 Cir., 136 F.2d 416 , decided by this court. In our view this case does not sustain appellant’s position. The Widmer case, quoting in part from the first O’Keith v. Johnston case, says that if the finding of waiver of assistance of counsel and also a finding that pleas of guilty were freely and voluntarily entered are supported by evidence, we are bound to affirm the judgment of the lower court. The court also said whereas the better practice would be to record the fact of determination of proper waiver, still the failure to do so did not negative the fact such a determination was made. It merely…