Burall v. Johnston

GARRECHT, Circuit Judge.

The appellant here is imprisoned in the United States Penitentiary at Alcatraz for the crime of mail robbery.

His petition for a writ of habeas corpus was denied by the lower court. 'On this appeal two questions are raised:

1. Whether the deprival of counsel at the examination before the Commissioner constitutes such error as to be grounds for granting habeas corpus;

2. Whether it is mandatory that a petition of habeas corpus addressed to a specific judge of the district court must be heard and determined by that judge to the ex-' elusion of any other judge of the same…