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WARDEN v. JOHNSTON

No. 23004-S.

29 F.Supp. 207 (1939)

WARDEN v. JOHNSTON, Warden.

District Court, N. D. California, S. D.

August 21, 1939.

Attorney(s) appearing for the Case

Sol. A. Abrams, of San Francisco, Cal., for petitioner.

Frank J. Hennessy, U. S. Atty., and Alfonso J. Zirpoli, Asst. U. S. Atty., both of San Francisco, Cal., for respondent.

ST. SURE, District Judge.

Petitioner, imprisoned at Alcatraz, filed in this court on April 27, 1939, petition for writ of habeas corpus on the ground that he was sentenced without the protection of the VI Amendment of the United States Constitution, in that he did not have the assistance of counsel, citing Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461. He alleges he did not know that when a defendant is financially unable...

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