Ezra Williams v. Robert A. Heinze, Warden, Folsom State Prison

Following a jury trial, Ezra Williams was convicted in the superior court of the State of California of the crime of murder in the first degree. On January 7, 1957, he was sentenced to life imprisonment and is presently incarcerated at Folsom State Prison. His conviction was thereafter affirmed by the California District Court of Appeal for the Fourth Appellate District. People v. Williams, 153 Cal.App.2d 21 , 314 P.2d 42 .

On June 4, 1959, Williams applied to the United States District Court for the Northern District of California, Northern Division, for a writ of habeas corpus. He also moved in that court for an order appointing counsel to assist him in prosecuting his application. The application and motion were denied without hearing on June 9, 1959. A petition for rehearing was denied on June 25, 1959.

Desiring to appeal from these orders, Williams applied to the district court for a certificate of probable cause. The issuance of such a certificate is a prerequisite to an appeal to this court from an order denying an application for a writ of habeas corpus where the detention complained of arises out of process issued by a state court. 28 U.S.C.A. § 2253 . On August 18,…