Dickson

Petitioners have filed separate petitions for writs of habeas corpus challenging their custody by the respondent, Fred R. Dickson, Warden of the California State Prison at San Quentin. Petitioners are under the death sentence which has been stayed pending disposition of these petitions.

The prior history of these cases is summarized in Chavez v. Dickson, 9 Cir., 1962, 300 F.2d 683 , cert. den. 371 U.S 880, 83 S.Ct. 151 , 9 L.Ed.2d 116 , rehearing den. 371 U.S. 931 , 83 S.Ct. 295 , 9 L.Ed.2d 239. It is sufficient to say here that they were jointly tried and found guilty of the crime of murder by arson, and the death penalty imposed in the Superior Court of the State of California, in and for the County of Los Angeles, and the judgment was affirmed on appeal, People v. Chavez, 50 Cal.2d 778 , 329 P.2d 907 , cert. den. 358 U.S. 946 , 79 S.Ct. 356 , 3 L.Ed.2d 353 . Then started federal court habeas corpus proceedings raising points not raised here, but the points here could have been raised there. This Court denied the petitions without hearing, and was reversed as to two points, Chavez v. Dickson, 9 Cir., 1960, 280 F.2d 727 . Hearings were held on the two points remanded, namely,…