In re Burroughs

FOURT, J. Laconia Burroughs, the petitioner herein, seeks a writ of habeas corpus. He contends that he is now unlawfully detained in one of the prisons of the state, and that such imprisonment is illegal in that (1) he was denied due process of law, which deprived him of a fair trial; (2) that he was not properly represented by counsel of his own choice throughout the trial; (3) that he was denied a speedy trial as guaranteed by the Constitution; (4) that he was taken before the grand jury to testify against his will, and without benefit of counsel; (5) that he was induced to plead guilty and was sentenced for a crime that never occurred, and (6) that there was no probable or reasonable cause for his conviction.

A review of the facts as disclosed by the record before us reveals that an indictment in two counts was returned by the grand jury in the city and county of San Francisco, on March 17, 1955, wherein petitioner and his codefendants were charged in count I of said indictment with conspiracy to commit grand theft in violation of section 182 of the Penal Code, and in count II with an attempt to commit grand theft. It was further alleged that the petitioner had suffered three prior convictions and had served a term in a federal penitentiary for each of such convictions; that Echols, a codefendant, had been previously convicted of violating section 11500 of the Health and Safety Code, and had served a term in prison therefor, and had been convicted of “grand theft and confidence game, ’ ’ a felony, in Arizona, and had served a term in prison therefor; that Parvin, a eodefendant, had been previously convicted of violating the provisions of sections 480 and 192 of the Penal Code, and had served a term in prison therefor.

On March 21, 1955, the petitioner and Echols were in custody and each was in court. They both stated that Pierre Ibos, an attorney practicing in San Francisco, but who was not then present in court, represented them. Mr. Dresow, the Assistant Public Defender, was also in court on their first appearance, and he suggested that the matter go over until March 23, 1955, obviously for the purpose and to the end that Ibos could then be present.

On March 23, 1955, the petitioner and Echols and Ibos were in court. Ibos stated that he had just received the transcript the day before and requested a continuance to March 28, 1955. The petitioner and Echols were then arraigned and pursuant to Ibos’ request, the matter was con-[802]tinned to March 28, 1955, for their plea. Bail was set at $6,000 if a personal bond were given, and $3,000, if cash or a surety bond were given.