Mackreth v. Williams

LEE, Circuit Judge.

This case comes to us from a judgment dismissing appellant’s petition for a writ of habeas corpus and remanding him to the custody of the Warden of Kilby Prison.

Two questions are presented for our solution:

1. Did the District Judge err in dismissing appellant’s petition “ for writ of habeas corpus on the ground that appellant had not exhausted his remedies in the courts of Alabama?

2. Are the findings of the District Judge that appellant made an intelligent waiver of his right to counsel supported by substantial evidence?

Appellant was indicted in Clarke County, Alabama, for…