Clyde Bates and Manuel Chavez v. Lawrence E. Wilson, Warden of San Quentin Prison

Manuel Joe Chavez and Clyde Bates, in state custody following convictions for murder and arson, appeal from an order denying their petitions for writs of habeas corpus. This court has jurisdiction under 28 U.S.C. § 2253 .

On April 4, 1957, gasoline and lighted matches were thrown into a bar; six persons died, others were seriously injured. The indictment charged six counts of murder and one of arson, and Chavez, Bates, and one Manuel Hernandez were jointly tried before a jury and convicted on all counts. Their convictions and sentences were upheld by the Supreme Court of California. People v. Chavez, 50 Cal.2d 778 , 329 P.2d 907 (1958), cert. denied, Chavez v. California, 358 U.S. 946 , 79 S.Ct. 356 , 3 L.Ed.2d 353 ; Bates v. California, 359 U.S. 993 , 79 S.Ct. 1126 , 3 L.Ed.2d 982 .

This is the second federal habeas corpus proceeding brought by appellants, and the third time this court has considered this case. In 1959, Chavez and Bates filed habeas corpus petitions. Relief was denied; this court reversed. Chavez v. Dickson, 280 F.2d 727 (9th Cir. 1960). On remand, the district court again denied the applications; this court affirmed in 1962. Chavez v. Dickson, 9 Cir., 300 F.2d…