Mason v. Smith

In his petition for a writ of habeas corpus, the appellant asserts that the “cause *337 or pretense” for liis imprisonment is an “alleged” judgment of the superior court of the State of Washington for King County, dated June 12, 1939, following an “alleged” conviction on an information charging the “alleged crime of receiving and concealing stolen negotiable promissory notes.” That conviction, the petition continues, was the result of an “alleged” plea of guilty, and was followed by a sentence of 12 years, as fixed by the Board of Prison Terms and Paroles of the State of Washington.

The petitioner further asserts that the judgment and sentence were rendered in violation of the Fourteenth Amendment of the Constitution of the United States, in that the plea of guilty upon which the judgment was based “was wrung” from him through coercion, duress, fraud, etc.

This is the third time that the appellant has brought his case before this court. See Mason v. Webb, 9 Cir., 142 F.2d 584 , certiorari denied, 323 U.S. 747 , 65 S.Ct. 58 , 89 L.Ed. 598 ; Mason v. Smith, 9 Cir., 148 F.2d 894 , leave to file petition for certiorari denied, 325 U.S. 839 , 65 S.Ct. 1407 , 89 L. Ed. 1965 . One…