Lawrence E. Wilson, Warden of San Quentin Prison v. Frederick Gray

Appellee, Frederick Gray, is an inmate at San Quentin Prison, California. On April 3, 1962, the appellee was charged by information in the Superior Court of the State of California in and for the County of Los Angeles with assault with a deadly weapon, a violation of section 245 of the California Penal Code. On April 12, 1962, the appellee, represented by his attorney, a deputy public defender of Los Angeles County, entered a plea of not guilty. When the case came on for trial in the Superior Court of Los Angeles County, appellee, represented by his attorney, personally waived his right to a trial by jury. In appellee’s presence and without any objection on the part of appellee, his attorney stipulated that the matter be heard on the transcript of the preliminary hearing, each side retaining the right to produce additional evidence at the trial. However, at the trial neither side produced any further evidence. Appellee was found guilty of assault by force likely to produce great bodily harm, a lesser included offense of the crime charged in the information. On June 1, 1962, appellee’s motion for probation was denied, and he was sentenced to state prison for the term prescribed by…

345 F.2d 282 Lawrence E. WILSON, Warden of San Quentin Prison, Appellant, v. Frederick GRAY, Appellee. No. 19380. United States Court of Appeals Ninth Circuit. April 21, 1965. Rehearing Denied May 26, 1965. Thomas C. Lynch, Atty. Gen. of Cal., Albert W. Harris, Jr., Robert R. Granucci, and Michael J. Phelan, Deputy Attys. Gen. of Cal., San Francisco, Cal., for appellant. Marshall W. Krause, San Francisco, Cal., for appellee. Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges. HAMLIN, Circuit Judge. 1 Appellee, Frederick Gray, is an inmate at San Quentin Prison, California. On April 3, 1962, the appellee was charged by information in the Superior Court of the State of California in and for the County of Los Angeles with assault with a deadly weapon, a violation of section 245 of the California Penal Code. On April 12, 1962, the appellee, represented by his attorney, a deputy public defender of Los Angeles County, entered a plea of not guilty. When the case came on for trial in the Superior Court of Los Angeles County, appellee, represented by his attorney, personally waived his right to a trial by jury. In appellee's presence and without any objection on the part of appellee, his…

(concurring) :

I concur in the opinion insofar as it holds that the district court did not have jurisdiction to entertain the application for a writ of habeas corpus because the applicant was in custody under another valid and unchallenged judgment and commitment. I express no view as to the second and independent ground stated in the opinion for reversing the district court order.