United States of America Ex Rel. Jimmy X. Spencer v. Warden, Pontiac Correctional Center

GRANT, Senior District Judge.

The petitioner in this case was tried in a bench trial and convicted' of armed robbery in the Circuit Court of Cook County. The petitioner was arrested on May 8, 1972. He was held in custody for some three-and-one-half months. Only then was an indictment returned on August 25, 1972. On August 31, 1972 he was arraigned and counsel was appointed. The case was set for trial on the following day, September 1, 1972. On that date petitioner’s appointed counsel, an assistant public defender, informed the court that he had not prepared for the case; had not had an…