Lowrey v. Hiatt

FOLLMER, District Judge.

The petitioner, James Edgar Lowrey, together with his brother, Thomas, was originally arraigned on October 15, 1946, at Wheeling, West Virginia. One counsel was appointed for both. Indictment was waived. The record shows that such waiver was intelligently made.1 Petitioner en*10tered a plea of “guilty” and Thomas a plea of “not guilty.” In view of Thomas’ plea of “not guilty,” the case was continued. Further proceedings at Wheeling were then had on November 15, 1946, as to the petitioner; the proceedings as to Thomas having in the meantime been dismissed since petitioner…