United States of America Ex Rel. Thomas Lemon v. Frank Pate, Warden

MAJOR, Senior Circuit Judge.

Thomas Lemon (petitioner) was charged by indictment in the State Court with the sale of a narcotic drug in violation of the Illinois statutes. He was represented by court-appointed counsel (the Public Defender of Cook County), waived trial by jury and, after trial, was found guilty by the court and sentenced to the Illinois penitentiary for a minimum of ten and a maximum of twelve years (ten years was the minimum mandatory sentence in Illinois), where he is now confined.

Upon Lemon’s appeal the conviction was affirmed by the Illinois Appellate Court. People v.…