John Wesley Riley v. L. E. Wilson

Appellant, a California state prisoner, appeals from an order of the district court denying his petition for writ of habeas corpus.

Appellant was charged by information filed by the District Attorney of Los Angeles County, on September 15, 1961, in the Superior Court of that county, with the crime of murder in violation of Section 187 of the Penal Code of the State of California. He was represented by retained counsel at his preliminary examination, on his arraignment at which he entered a plea of not guilty, and throughout his trial in the Superior Court. Prior to trial appellant entered an additional plea of not guilty by reason of insanity.

Appellant was permitted to prosecute this appeal in forma pauperis, and this Court appointed counsel to represent him on the appeal. Thereafter, appellant moved this Court to dismiss his appointed counsel and to prosecute the appeal in propria persona. Such motion was granted.

Appellant’s jury trial commenced on January 29, 1962. During the presentation of the State’s case in chief, appellant and counsel waived trial by jury on all issues, and the trial thereafter was to the court sitting without a jury. Following the trial appellant was…