Thomas A. Daboul v. Walter E. Craven, Warden

On. June 12, 1964, the appellant DaBoul was found guilty, after a jury trial in a California Superior Court, on five counts of an information charging second degree burglary. On June 7, 1965, a California Court of Appeal affirmed the convictions. People v. DaBoul, 234 Cal.App.2d 800 , 44 Cal.Rptr. 744 . On February 26, 1968, the appellant filed the instant petition for a writ of habeas corpus, in the appropriate United States District Court. That Court denied the petition on March 13, 1968, but on April 10, 1968, issued a certificate of probable cause for an appeal to this court. On April 18, 1968, the appellant filed his notice of appeal.

In appellant’s Statement of Issues, in his brief, the first issue stated is “was appellant unlawfully arrested and searched?” The evidence introduced by the prosecution as to count five was, in brief: On September 8, 1963, Esther Freshman and her sister were living in an apartment. The door-bell rang but they decided not to answer it as they were not dressed to receive callers. Esther Freshman, walking toward the outer door of the apartment, heard a noise such as would be made by someone working on the door. Then the door opened and a man…