Louis C. White v. Lawrence E. Wilson, Warden, San Quentin Prison, Tamal, California, State of California

Appellant appeals from an order of the District Court denying his petition for writ of habeas corpus filed under 28 U.S.C. § 2253 .

The district court issued a certificate of probable cause and authorized appeal to be taken in forma pauperis.

Appellant is in custody of the State of California. He was arrested on November 3, 1961, and charged with the offense of assault with a deadly weapon with intent to commit murder [California Penal Code § 217]. Following preliminary examination in the Municipal Court, an information was filed in the Superior Court of the State of California, in and for the County of Alameda, charging a violation of California Penal Code § 217. The information also charged that he was convicted in the Superior Court of the State of California in and for the County of Contra Costa, in 1946, of the offense of a felony, to wit: manslaughter, and in pursuance of said conviction, he served a term in the California State Prison at San Quentin, a penal institution. On his arraignment appellant appeared with counsel, pleaded not guilty to the main charge of assault with a deadly weapon, and stood mute on the charge of a prior conviction. Later, in open court, in the…