Wilmer W. Evans v. Frank A. Eyman, Warden Arizona State Prison, and State of Arizona

Wilmer W. Evans, in Arizona penal custody following his state conviction and sentence for first-degree murder, appeals from a district court order, entered without hearing, denying his application for a writ of habeas corpus.

Nine asserted grounds for relief ai;e set out in Evans’ application for a writ, We agree with appellee, however, that only one of these presents a question cognizable in a federal habeas corpus proceeding by a state prisoner. That ground is stated in the application as follows:

No show cause order was issued, but the district judge wrote to several attorneys who had been connected with the case, soliciting their comments. ' Responsive to such a request, Harold A. Beelar, the County Attorney of Gila County, Arizona, who prosecuted Evans, filed an affidavit. He therein alleged that the two inmates to which Evans referred in his application were Raymond Jones and Wayne Munson, and that they had testified that, while a prisoner in the Gila County jail, Evans told them that he was guilty of the crime. Beelar alleged that he had tried to locate these witnesses for interrogation in connection with the charge made by Evans in his application for a writ, but that…