Boyden

This case now comes before this court for the second time, having once been decided in People v. Boyden, 181 Cal.App.2d 48 [ 4 Cal.Rptr. 869 ], filed May 18, 1960. We denied a rehearing on May 27, 1960, and our Supreme Court denied a hearing on July 12, 1960. Appellant’s petition for writ of certiorari to the United States Supreme Court was denied by that court on April 3, 1961. (Boyden v. California, 365 U.S. 650 [ 81 S.Ct. 833 , 5 L.Ed.2d 857 ].) Nevertheless, on August 26, 1964, we entered our order recalling the remittitur filed herein by reason of the dictate of Douglas v. California, 372 U.S. 353 [ 83 S.Ct. 814 , 9 L.Ed.2d 811 ].

Counsel appointed by this court to represent appellant on this second appeal has performed his duties in an extremely conscientious and workmanlike fashion. He has been unable, however, to suggest the presence in the record of any error known to the law at the time the judgment herein first attained its status of “temporary finality” that appellant, in his in propria persona briefs and petitions, had not already presented for consideration to all the several courts that have passed on this matter heretofore. All of these assignments of error, of…