In Johnson v. Zerbst (1938) 304 U.S. 458, a marine was convicted, without the aid of counsel, of the charge of uttering checks. By petition for habeas corpus the case came before the United States Supreme Court on the issue of waiver of the constitutional right to counsel. Mr. Justice Black speaking for the majority ( Johnson v. Zerbst, supra, at p. 465), set forth the principles which remain the law today: Every presumption is against the waiver of a known right; hence the determination of whether an intelligent waiver has been rendered turns on all the circumstances surrounding the case such as background, experience and the conduct of the accused. "While an accused may waive the right to counsel, whether there is a proper waiver should be clearly determined by the trial court, and it would be fitting and appropriate for that determination to appear upon the record." In Johnson v. Zerbst (1938) the defendant had represented himself in defending a charge of passing counterfeit currency. After his conviction, his case finally moved to the United States Supreme Court on a petition for writ of habeas corpus urging that he had been denied his Sixth Amendment right to counsel. The district court upon being presented with the petition ruled that "proceedings depriving petitioner of his constitutional right to assistance of counsel were not sufficient 'to make the trial void and justify its annulment in a habeas corpus proceeding, but that they constituted trial errors or irregularities which could only be corrected on appeal.'" ( Johnson v. Zerbst, supra, 304 U.S. 458, 459.) The circuit court of appeals affirmed, and certiorari was granted by the United States Supreme Court. As a consequence, the issue in Johnson was whether a claim of unconstitutional deprivation of counsel, because there had not been a knowing and intelligent waiver, could be reached by collateral attack on the judgment via habeas corpus. It was in this context that the court discussed the question of how it could be determined if there had been an intelligent waiver of the right to counsel. In this connection, it observed that such determination, "must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused." (Id. at p. 464.) Later on, the court said, " if the accused, however, is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty." (Id. at p. 468.) After extended analysis of the nature of the right to counsel and what is necessary for the record to show to justify a finding of intelligent waiver, the court remanded the case to the trial court and stated, " if -- on remand -- the District Court finds from all of the evidence that petitioner has sustained the burden of proof resting upon him and that he did not competently and intelligently waive his right to counsel, it will follow that the trial court did not have jurisdiction to proceed to judgment and conviction of petitioner, and he will therefore be entitled to have his petition granted. If petitioner fails to sustain this burden, he is not entitled to the writ." (Id. at p. 469.) The United States Supreme Court explained: "A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege. The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused." The Court also stated: "It has been pointed out that 'courts indulge every reasonable presumption against waiver' of fundamental constitutional rights and that we 'do not presume acquiescence in the loss of fundamental rights.'" (Ibid.) These principles govern waivers of the right to counsel under the Fifth and Sixth Amendments.