William R. Wilson v. State of California, Robert A. Heinze, Warden, Folsom State Prison, Represa, California, Arthur L. Oliver, Acting Warden

This appeal is taken from a denial of habeas corpus. The writ was sought from the District Court on two grounds: (1) that appellant was denied his right to a speedy trial; (2) that incriminating statements introduced in trial were secured without advising him of his right to counsel or to remain silent, contrary to Escobedo v. State of Illinois, 378 U.S. 478 , 84 S.Ct. 1758 , 12 L.Ed.2d 977 (1964).

The first ground was considered by the Supreme Court of California on direct appeal. People v. Wilson, 60 Cal.2d 139 , 32 Cal.Rptr. 44 , 383 P.2d 452 (1963). In rejecting appellant’s contention the court stated grounds we find persuasive. 60 Cal.2d at 154 , 32 Cal.Rptr. at 54 , 383 P.2d at 462 :

The second ground is without merit for the reason that Escobedo is not to be applied retroactively. Johnson v. State of New Jersey, 384 U.S. 719 , 86 S.Ct. 1772 , 16 L.Ed.2d 882 (1966).

Affirmed.