Henry Thomas v. Harley O. Teets, as Warden of the California State Prison at San Quentin, California

The appellant Thomas who previously prevailed in his appeal to this court from an order denying his application for a writ of habeas corpus, Thomas v. Teets, 9 Cir., 205 F.2d 336 , again appeals from a decision of the trial court denying the writ after a hearing on the merits, held pursuant to the directions of this court. Convicted upon his plea of guilty of murder in the first degree, in the Superior Court of Siskiyou County, California, Thomas is held by the respondent Warden pursuant to a judgment and sentence of death.

The grounds of appellant’s application for a writ of habeas corpus are set forth at considerable length in our former opinion and no effort is here made again to recite them. In general he alleged a denial of his constitutional rights in two respects. He said that he was induced to plead guilty and to “keep his mouth shut” through the threats and misconduct of the county sheriff in whose custody he was while awaiting trial, in that the sheriff told him that he, a colored man charged with shooting a white woman, did not have a chance if he went before a jury; that if he pleaded guilty the judge would give him a light sentence; that if appellant did not…