Dainard

William Dainard, while being held a prisoner in the federal penitentiary at Alcatraz, California, by Warden Johnston, petitioned the district court for the issuance of the writ of habeas corpus. The writ was issued. After a hearing thereon by the court, it was discharged, and Dainard was remanded to the custody of the warden. Dainard appeals.

It is appellant’s contention that he was insane when arraigned, when he entered his plea of guilty to the charge pending against him, and also when he was sentenced. He further claims that he did not understand the court’s statements concerning his right of counsel, that he did not knowingly waive the right, and that his plea was the result of coercion, intimidation, and threats by government officers and was not voluntary. The court, after a hearing on the writ, made full findings negativing all of the claims and contentions.

Appellant was arrested in San Francisco at about the hour of 9:00 A.M. on May 7th, 1936, as a suspect in the Weyerhauser kidnapping, by two officers of the Federal Bureau of Investigation. See Waley v. Johnston, 9 Cir., 1943, 139 F.2d 117 , certiorari denied, 321 U.S. 779 , 64 S.Ct. 617 . Upon search of his person, he…