Billy Ancil Boydston v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California
Opinion
Opinion
Jertberg, J.
Appellant, a prisoner of the State of California, imprisoned at the California State Prison at San Quentin, California, filed his petition for writ of habeas corpus in the United States District Court for the Northern District of California, Southern Division. Such court has jurisdiction to entertain a petition for writ of habeas corpus of a state prisoner under 28 U.S.C. § 2241 (a).
Appellant alleged in his petition that he was arrested in the County of Los Angeles, State of California, on or about March 12, 1963. Upon his arrest he was taken to the sheriff’s office where he was questioned by two deputy sheriffs concerning a burglary which had occurred in the neighborhood near where appellant was arrested; that as a result of the interrogation, appellant confessed that he had participated in the burglary of a gasoline service station and that certain articles which were taken by the officers from his camper-truck were the fruits of the burglary; and that at no time prior to his arrest or his interrogation was he advised of his right to counsel, or his right to remain silent, or that any statements made by him might be used against him at a trial. It is further alleged that at…