Connie Mack Dalrymple v. Lawrence E. Wilson, Warden, San Quentin Prison

Appellant, a prisoner of the State of California, incarcerated in the 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 had jurisdiction to entertain a petition for writ of habeas corpus by a State prisoner under 28 U.S.C. § 2241 (a).

Appellant was convicted of second degree murder in violation of California Penal Code Section 187, by the Superior Court of the State of California, in and for the County of Los Angeles, following trial to the Court sitting without a jury, a jury having been properly waived, and was sentenced on September 29, 1961, to State Prison for the term prescribed by law. Appellant was represented by the Los Angeles Public Defender’s Office throughout the trial proceedings, including preliminary examination. He filed no appeal from the judgment of conviction.

Appellant filed no proceedings in any courts of the State of California for transcript of proceedings of his trial, but on May 7, 1965, filed a petition for writ of habeas corpus in the Supreme Court of California, alleging substantially the same facts which are…