146 F.2d 129 - Michener v. Johnston — 146 F.2d 129

How this case has been cited

Cited by 6 later decisions — most recently March 1967

6 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *130Edward F. Treadwell, of San Francisco, Cal., for appellant.

¶2Frank J. Hennessy, U. S. Atty., and R. B. McMillan and Joseph Karesh, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

¶3Before GARRECHT, STEPHENS, and HEALY, Circuit Judges.

¶4HEALY, Circuit Judge.

¶5Upon an earlier appeal, Michener v. Johnston, 141 F.2d 171, we sent the case back for appropriate findings on the subject of the waiver of the right to counsel.

¶6No further evidence was taken on the remand. The petitioner requested a finding to the effect that at the time of his arraignment he did not know he was entitled to the benefit of counsel in the event he desired to plead guilty. The court declined to make the finding, but did not in so many words make a finding to the contrary. However, it did find, with our former opinion before it, that “petitioner intelligently, competently and intentionally waived his right of assistance of counsel.”

¶7On this record we are constrained to accept the finding as sufficient.

¶8Affirmed.