Overton Thomas Anthony v. C. J. Fitzharris, Superintendent

HAMLIN, Circuit Judge:

Overton Thomas Anthony, appellant herein, was charged in an information filed in the Superior Court of the State of California in and for the County of Los Angeles with two counts of kidnapping, two counts of forcible rape, and two counts of aiding and abetting forcible rape.

On March 31, 1964, while represented by counsel, appellant entered a plea of guilty to Count III (forcible rape) of the information. Prior to the entry of this plea, appellant was examined in open court as to whether or not the plea was voluntarily made. Appellant answered in open court that the plea…