Caryl Chessman v. Fred R. Dickson, Warden, Vice Harley O. Teets, Warden, California State Prison, San Quentin, California

Good Law
275 F.2d 604·1960 U.S. App. LEXIS 5428
United States Court of Appeals for the Ninth CircuitFebruary 8, 196016766California2,115 words

Opinion

Opinion

Chambers, J.

Chessman is under two death sentences and execution by the State of California will be had on February 19, 1960, unless someone stays it.

Primarily the case is the state’s business, but when asked by a habeas corpus petition the federal statutes and United States Supreme Court require the United States district and circuit judges to look into such cases, primarily to see that due process has been had.

On or about June 25, 1948, Chessman was convicted by a jury of 17 counts of 18 counts in two informations. On each of two counts the jury, as permitted by the California statutes, imposed the penalty of death.

Three of the counts (death penalty for one) concern events of a revolting attack he made on January 19, 1948, at or near Los Angeles on a young woman named Regina (last name omitted) and three (also death penalty for one) concern an equally revolting attack made on January 22, 1948, on a young woman named Mary (last name omitted). The death sentences were possible under California statutes because of the element in the case of each girl of kidnapping for the purpose of robbery. A sexual perversion orgy with Chessman was forced on both women at the point of a gun.

But on…

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