Charles M. Owens v. C. J. Fitzharris, Superintendent, Soledad State Prison

The district court did not err in dismissing without an evidentiary hearing Owens’ petition for a writ of habeas corpus. The transcript of Owens’ arraignment in the California Superior Court, attached as an exhibit to appellees’ return to the order to show cause, clearly shows that, before pleading guilty to a charge of armed robbery, Owens knowingly and understanding^ waived his right to appointed counsel. Dennis v. People, 414 F.2d 424 (9th Cir. 1969).

Owens’ remaining point was not urged in or passed upon by the district court. Thus it is not properly an issue on appeal and will not be considered. Flemings v. Wilson, 365 F.2d 267 (9th Cir. 1966).

Judgment affirmed.