Eugene Mason v. State of Arizona, A. E. Gomes, Superintendent, Arizona State Prison Atflorence

Before HAMLEY, WRIGHT and KILKENNY, Circuit Judges.

Eugene Mason, incarcerated in Arizona State Prison under a life sentence for first degree murder, appeals a district court judgment denying his application for a writ of habeas corpus.

Mason, an indigent, was represented in the state criminal proceedings by court-appointed counsel. Several times prior to the trial Mason’s attorney moved for court appointment of an investigator. Counsel also sought an allowance of funds for travel expenses in connection with investigation of certain witnesses. These motions were denied, except that Mason’s attorney was allowed one hundred dollars for investigative expenses, and was advised to submit a claim for fifty dollars’ expense incurred in preparing interrogatories.

Mason contends on appeal that the failure of the state trial court to appoint an investigator to assist Mason’s counsel or to allow more public funds than were actually provided for the use of Mason’s attorney in conducting investigations: (1) denied Mason his rights to a fair trial, to the effective assistance of counsel, and to confront and cross-examine witnesses in violation of the Due Proc-: ess Clause of the…