Arthur A. Meyer v. John H. Klinger, Warden

Meyer was convicted, following a trial by jury in California Superior Court, of assault with a deadly weapon. He was sentenced on February 15, 1963. He seeks habeas corpus. The only facts stated in his petition are:

The petition was denied without a hearing.

In this court, Meyer relies upon Escobedo v. State of Illinois, 1964, 378 U. S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 . Such reliance is foreclosed by Johnson v. New Jersey, 1966, 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 .

In his reply brief, Meyer makes various factual assertions that do not appear in his petition. So far as appears, they were never presented to the state courts. We decline to consider them.

The order is affirmed. Meyer’s application for bail is denied.