James Davis v. People of the State of California and Robert A. Heinze, Warden, Folsom Prison, Represa, California

James Davis, a California state prisoner, applied to the district court for a writ of habeas corpus. The detention complained of results from a state court conviction, after a trial without a jury, ■of the crime of possession of a narcotic, heroin, in violation of California Health and Safety Code, § 11500.

The district court, on its own motion and without hearing, denied the application. That court thereafter entered a -certificate of probable cause, enabling Davis to appeal. See 28 U.S.C. § 2253 (1958). He has done so.

Appellant contends that the district court erred in holding that the evidence which led to the conviction was not obtained as a result of an unlawful search and seizure. The evidence in question consisted of a narcotic outfit wrapped in a newspaper and two balloons containing heroin.

Since the district court denied the application without a hearing, the facts to be considered are those set out in the application for a writ. In the preparation of that application Davis was represented by retained counsel. The method employed in setting out the pertinent facts in the application was to summarize, in considerable detail, the testimony of the various witnesses.…