Schlette v. People of State of California

284 F.2d 827 Malcolm R. SCHLETTE, Appellant, v. PEOPLE OF the STATE OF CALIFORNIA, Robert A. Heinze, Warden, California Prison for Men at Represa, et al., and Richard A. McGee, Director, California Department of Corrections, et al., Appellees. No. 16934. United States Court of Appeals Ninth Circuit. December 1, 1960. Rehearing Denied December 22, 1960. COPYRIGHT MATERIAL OMITTED Malcolm R. Schlette, in pro. per. Stanley Mosk, Atty. Gen. of California, Doris H. Maier, Raymond M. Momboisse, Deputy Attys. Gen., for appellees. Before HAMLEY, JERTBERG and KOELSCH, Circuit Judges. JERTBERG, Circuit Judge. 1 Appellant was indicted on March 28, 1955 by the grand jury in the Superior Court of the State of California, in and for the County of Marin, on two counts of arson [Section 447a of the California Penal Code]. The first count related to a fire on September 9, 1954 of the premises being described "as the dwelling house and shop of Frances M. Schlette". The second count related to a fire of the same premises on February 23, 1955. Frances M. Schlette was at that time the wife of the appellant. Following trial by a jury, appellant was found guilty of the offense charged in count one of…