Schiers

In 1957 defendant was convicted of the second degree murder of his wife. (Pen. Code, § 187.) This court affirmed the judgment. (People v. Schiers (1958) 160 Cal.App.2d 364 [ 324 P.2d 981 , 329 P.2d 1 ], hg. den.)

Over the years defendant has repeatedly and unsuccessfully sought relief in both the state and federal courts. In 1965 he was paroled. On September 21, 1970, defendant filed an “Application for Recall of Remittitur or, in the Alternative, Petition for a Writ of Habeas Corpus.” Pursuant thereto, on January 12, 1971, this court vacated the judgment, recalled the remittitur, and reinstated the appeal for the reason that at the time of defendant’s 1958 appeal, he was an indigent person, appeared in propria persona, and had not been furnished counsel. (See Swenson v. Bosler, 386 U.S. 258 [ 18 L.Ed.2d 33 , 87 S.Ct. 996 ]; Douglas v. California, 372 U.S. 353 [ 9 L.Ed.2d 811 , 83 S.Ct. 814 ].) We therefore consider this as an original appeal from the judgment entered August 7, 1957.

Facts

Although there is a factual summary in the prior opinion of this court (People v. Schiers, supra, 160 Cal.App.2d at pp. 367-371), the summary therein contained is insufficient to…