Thomas

Thomas appeals from an order denying his application for a writ of habeas corpus without issuing the writ or an order to show cause and the first question before us is whether his application states a ground which, if true, warrants the issuance of the writ or show cause order.

Thomas, a negro, is not a lawyer and alleges he has had no prior experience in criminal litigation. His application is written in his longhand. Its language is clear but without the citation of any cases or the professional quality of the flood of applications from expert pleaders of both state and federal penitentiaries. It does not question the fact that he shot and killed Mrs. Ainsworth, a white woman, in a manner which constituted one of the degrees of murder under section 189 of the 'California Penal Code though he alleges that his pistol was discharged accidentally. Thomas’ application being drawn by an inexperienced layman is to be construed to give its allegations effect, though inartificially drawn. Darr v. Burford, 339 U.S. 200, 203 , 70 S.Ct. 587 , 94 L.Ed. 761 ; Price v. Johnston, 334 U.S. 266, 292 , 68 S.Ct. 1049 , 92 L.Ed. 1356 .

We are required to assume these allegations are true. White v.…