Eugene Burwell v. Harley O. Teets, Warden, California State Penitentiary, San Quentin, California, James Alonzo Rogers v. Harley O. Teets, Warden, California State Penitentiary, San Quentin, California

245 F.2d 154 Eugene BURWELL, Appellant, v. Harley O. TEETS, Warden, California State Penitentiary, San Quentin, California, Appellee. James Alonzo ROGERS, Appellant, v. Harley O. TEETS, Warden, California State Penitentiary, San Quentin, California, Appellee. No. 15312. No. 15313. United States Court of Appeals Ninth Circuit. May 3, 1957. R. J. Reynolds, John Adams, Jr., San Francisco, Cal., for appellant Eugene Burwell. Walter F. Freitas, S. J. Hugh Allen, San Rafael, Cal., for appellant James Alonzo Rogers. Edmund G. Brown, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., Arlo E. Smith, Deputy Atty. Gen., State of California, for appellee. Before POPE, FEE and HAMLEY, Circuit Judges. POPE, Circuit Judge. 1 Burwell and Rogers were inmates of the California State Penitentiary at San Quentin. On the evening of January 14, 1952, in what was apparently an effort to escape from the prison, they killed two prison guards and attacked and seriously injured two other guards. They were charged with murder, verdicts of guilty were returned, and death sentences imposed. Upon their mandatory appeals to the Supreme Court of California, they urged among other assignments of error, that upon…