Howard Smith v. Lawrence Wilson, Warden, Etc.

Smith pled guilty in California Superior Court to the crime of murder, Cal. Pen. Code § 187 . The court fixed the degree as first degree, Cal.Pen.Code § 189, but sentenced him to life imprisonment rather than death, Cal.Pen.Code § 190. In his petition for habeas corpus, Smith urges: (1) That certain statements were obtained from him in violation of his federal constitutional rights, (2) that he ■did not have effective assistance of counsel, (3) that his plea was in part induced by the fact that he had given these statements, in part by the testimony of an eye witness, in part by threats of the gas chamber, and in part by his counsel, and (4) that therefore he did not make an intelligent or informed plea.

The district judge had before him Smith’s petition, the state’s return showing the conviction, a copy of the transcript of Smith’s preliminary hearing, at which he was represented by counsel, and a transcript of the proceedings at which Smith pled guilty, being also represented by counsel. From these the district judge concluded that the petition was without merit, and denied it. No evidentiary hearing was held. On this appeal, Smith contends that he should have been given a…