Allen Beverley Lembke v. Harold v. Field, Superintendent, California Men's Colony

HAMLIN, Circuit Judge.

Allen Beverley Lembke, appellant herein, filed a petition in the United States District Court for the Northern District of California, Northern Division (now Eastern District of California), for a writ of habeas corpus. The district court issued an order to show cause and upon the return thereof and a traverse of certain of its allegations by appellant, the district court denied appellant’s petition for the writ. A timely appeal was filed to this court which has jurisdiction under 28 U.S.C. § 1291.

The indictment found against appellant on February 10,1944, was in four…