Lawrence E. Wilson, Warden, California State Prison, San Quentin, California v. William J. Bowie

This is an appeal from an order of the District Court for the Northern District of California granting William Bowie’s petition for a writ of habeas corpus. Bowie’s California conviction for assault with a deadly weapon became final in 1962, and he has exhausted his state remedies. Jurisdiction of this court over the appeal is granted by 28 U.S.C. § 1291 .

Bowie was arrested on December 8, 1960, after San Francisco police discovered him slashing one Peter Coletsos with a knife in the hotel where both resided. After the police had forcibly taken the knife from Bowie, Bowie stated he would have killed Coletsos for interfering in his life, and that he would have liked to get one of the policemen, too. In the preliminary hearing, at which Bowie was represented by the Public Defender, Coletsos testified that he had never seen Bowie or his wife before the stabbing incident; that Bowie kicked him in the hall without provocation; that Coletsos took a hammer from his room and attempted to escape downstairs; and that Bowie got his knife from his room and followed him. Mrs. Bowie also testified, saying her husband had been drinking heavily and taking headache pills the night of the fight,…