Jack Silver v. Walter Dunbar, Raymond K. Procunier

This appeal is from an order denying appellant’s petition for a writ of habeas corpus. Appellant, a California state prisoner, prosecutes this appeal in propria persona. The appellees are, respectively, the Director of Corrections of the State of California, and the Superintendent of Deuel Vocational Institute, a California State penal institution, who are alleged to be holding the appellant in custody at said institution. Jurisdiction in the District! Court was under 28 U.S.C. § 2241 , and áppellate jurisdiction is conferred by 28'U.S.C. § 2253.

The appellant was indicted, apparently in about 1958, for attempted murder in violation of Sections 187 and 664 of the California Penal Code and for illegal possession of narcotics in violation of Section 11500 of the California Health and Safety Code. The two charges were joined for trial before a jury, which resulted in a verdict of guilty as to the narcotics violation; the jury was unable to reach a verdict with respect to the attempted murder charge. Imposition of sentence on the narcotics conviction was suspended, and the appellant was placed on probation. He appealed and the judgment of conviction was affirmed in People v. Silver,…