In re Shipp

Petitioner seeks a writ of habeas corpus on the ground that he is unlawfully imprisoned under a judgment of conviction for first degree murder. A jury convicted petitioner of two counts of second degree robbery and one count of first degree murder. The court sentenced him to the term prescribed by law for the first two counts; the jury fixed the punishment at death on the murder count. On petitioner’s automatic appeal (Pen. Code, § 1239, subd. (b)) we affirmed the judgment in all respects, holding that the erroneous denial of a request for discovery did not prejudice petitioner. (People v. Shipp (1963) 59 Cal.2d 845 [ 31 Cal.Rptr. 457 , 382 P.2d 577 ].) The United States Supreme Court denied a petition for certiorari. (Shipp v. California (1964) 377 U.S. 999 [ 12 L.Ed.2d 1049 , 84 S.Ct. 1927 ].)

After the above proceedings petitioner sought his first writ of habeas corpus in this court. (In re Shipp (1965) 62 Cal.2d 547 [ 43 Cal.Rptr. 3 , 399 P.2d 571 ].) In that instance we reversed the judgment as to penalty because of errors of the type condemned in People v. Morse (1964) 60 Cal.2d 631 [ 36 Cal.Rptr. 201 , 388 P.2d 33 ], Although petitioner also then contended, as he does now,…

I dissent. I would deny the writ of habeas corpus.

Petitioner’s application for a rehearing was denied June 21, 1967. Both, J. pro. tem.,* sat in place of Mosk, J., who deemed himself disqualified.