James William Nunn v. L. E. Wilson, Warden, California State Prison

Nunn appeals from the denial of his petition for a writ of habeas corpus. He is in state custody following his conviction in California Superior Court of the crime of burglary (Cal.Pen.Code § 459). He contends that his trial was infected with an incurable constitutional defect in that the trial court refused to appoint counsel for him, although he was unable to employ counsel. He made the same contention on appeal to the California District Court of Appeal. That court rejected it, People v. Nunn, 1963, 223 Cal.App.2d 658 , 35 Cal.Rptr. 884 .

The United States District Court held an evidentiary hearing at which Nunn testified. He was represented by counsel. In addition to Nunn’s testimony, the court received in evidence transcripts of the proceedings in the California court and copies of the brief filed on Nunn’s behalf on his appeal and of his petition for a hearing in the California Supreme Court.

The California records disclose the following :

Preliminary hearing: Nunn was represented by Attorney Shaffer, whom he had retained, but with whom he had not made final arrangements.

August 16, 1962 arraignment: Before Judge Noble of the Superior Court, Nunn was without counsel;…