Lewis Lawrence Allen v. Lawrence E. Wilson, Warden
Opinion
Opinion
Jertberg, J.
Appellant is in State custody, serving a prison sentence imposed on May 15, 1963, by the Superior Court of the State of California, in and for the County of San Benito, following conviction by a jury of the charge of first degree robbery in violation of Section 211 of the Penal Code of the State of California.
Appellant appealed his conviction to the District Court of Appeal, State of California, First Appellate District, Division Two, which court affirmed his conviction on August 3, 1964. [1 Crim. No. 4416] (Unpublished). His petition for hearing before the Supreme Court of California was denied. The Supreme Court also denied appellant’s petition for writ of habeas corpus.
On August 6, 1965, appellant filed an application for writ of habeas corpus in the United States District Court for the Northern District of California, Southern Division. The District Court appointed counsel to represent appellant in the proceedings and issued an order to show cause to appellee why the petition should not be granted. A return to the order to show cause was filed and appellant filed a traverse to the writ. Following argument and submission, the District Court denied the petition. No…