Hilliard v. Johnston

HARRIS, District Judge.

Petitioner, in effect, seeks to retry the issues involved in a prosecution under 18 U.S.C.A. § 400. The sordid facts were fully tried by a District Court and jury resulting in petitioner’s conviction (Exhibit “A” attached to Return to Order to Show Cause). Later an appeal was prosecuted wherein many, if not all, of the grounds presently urged were considered by the 4th Circuit. Hilliard v. United States, 121 F.2d 992, certiorari denied 314 U.S. 627, 62 S.Ct. 111, 86 L.Ed. 503.

Hilliard since his removal to Alcatraz Penitentiary has filed successive applications, all of…