United States v. Hazzell Graham

CASTLE, Circuit Judge.

This appeal by Hazzell Graham presents but a single issue: Did the District Court err in its refusal to discharge appellant from prosecution under a pending indictment because of the government’s failure to accord him a speedy trial as guaranteed by the 6th Amendment to the United States Constitution?

On April 28, 1960 the District Court denied appellant’s petition for a writ of habeas corpus, filed pro se, and which although inaptly captioned and drawn did assert violation of his constitutional right to a speedy trial. 1 At the time appellant was in custody awaiting…