D. W. Horsley, Jr. v. R. W. Alvis, Warden, Ohio State Penitentiary

KENT, District Judge.

This is an appeal from the denial of a Writ of Habeas Corpus, the District Judge having granted a certificate of probable cause.

On June 7, 1939, the Grand Jury of Brown County, Ohio, returned an indictment against the appellant, as follows:

« * * * D. W. Horsley, Jr. on the 18th day of March, 1939, at the County of Brown and State of Ohio aforesaid, did then and there maliciously and forcibly break and enter the dwelling house of James Reeves in the night season. * * * ”

On June 10, 1939, D. W. Horsley, Jr. was arraigned in the Court of Common Pleas of Brown County, Ohio,…