Kelly v. Johnston

WILBUR, Circuit Judge.

In August 1932 appellant participated in the armed robbery of a postoffice station. In the following month he was arrested and indicted for armed robbery of mail matter, under § 197 of the Criminal Code, 18 U.S. C.A. § 320, 35 Stat. 1126. Without counsel, he pleaded guilty and was sentenced to twenty-five years imprisonment, the mandatory penalty under the statute, tie now seeks release by writ of habeas corpus. A writ was issued by the lower court, but the writ was discharged and he was remanded to the custody of respondent after hearing, and this appeal follows.

Appellan…