Bryarly v. Howard

EVANS, Circuit Judge.

The asserted basis of petitioner’s application for a writ of habeas corpus lies in his allegation that his plea of guilty upon which he was sentenced was obtained by trickery in that he had been promised he would not be prosecuted if he pled guilty. The trial court dismissed the writ, but granted a certificate of probable cause. This appeal followed.

Petitioner was convicted by an Indiana state court, of robbery of a gas station, and was sentenced April 9, 1942, to a ten year sentence. He was twenty-two years old.

Bryarly substantiates his allegation of trickery by an…