In Re Ferguson

Petitioner, Allen Lee Ferguson, originally filed his petition in propria persona, entitled “Petition for Writ of Error Comm Nobis.” On January 26, 1965, this court issued an order to show cause why a writ of habeas corpus should not issue, and set the hearing thereon for March 2, 1965. At such hearing, petitioner appeared through, and has subsequently been represented by Attorney Sam Houston Allen. Petitioner claims that in 1956 he was tried and convicted of a misdemeanor. A new trial was granted and upon the second trial in 1957 he was convicted of a felony and sentenced to state prison where he is now being held.

Because of the meager content of the petition, this court felt it necessary to, and did, examine the superior court file of the proceedings. This file disclosed that, on March 2, 1956, petitioner was charged by information filed by the District Attorney of Los Angeles County, with the crime of rape in violation of section 261, subdivision 1, of the Penal Code. The cause was brought to trial before a jury and on May 23, 1956, the jury returned its verdict finding petitioner guilty as charged with the recommendation in its verdict that punishment be by imprisonment in…