In re Lyda

Petitioner has filed with this Court a petition for a writ of habeas corpus challenging his custody by the Warden of the California State Prison at Folsom, in which said prison he is presently held in custody under the authority of a commitment issued by the Superior Court of the State of California, in and for the County of Merced. It is obvious, therefore, that petitioner is a State prisoner and not a prisoner under any Féderal law.

From the allegations in the petition, it is clear that petitioner has satisfied the jurisdictional prerequisites to proceeding *238 in this Court under Title 28 U.S.C.A. § 2254 (See: Application of Meek, D.C., 138 F.Supp. 327 ). Such being the case, the application is properly presented to this Court for a ruling on its merits, and it will thus be considered.

Petitioner alleges that he was denied due process of law under the Fourteenth Amendment to the Constitution of the United States because he was not represented by counsel at a preliminary examination on a charge that he had violated § 4532 of the California Penal Code. Petitioner asserts that he was not informed of his right to counsel at the preliminary examination, and that the Judge…