Ex parte Deatherage

This is an application for leave to appeal in forma pauperis from an order of the District Court of the United States for the Northern District of California, South-era Division, denying applicant’s petition for writ of habeas corpus.

Applicants state that they are illegally imprisoned in the state prison for the State of California at Folsom in violation of the Constitution of the United States; they state they were convicted by perjured testimony; that the district attorney knew the prosecutrix was committing perjury and deliberately suppressed the hospital chart and the findings of the examining physician, thereby securing a conviction on testimony known to be perjured. Upon this bald statement they seek to set aside the “conviction”.

The statement that the district attorney knew the prosecutrix was committing perjury is a conclusion which is not supported by any evidentiary facts. The allegation that the district attorney deliberately suppressed the “hospital chart and the findings of the examining physician” is without significance in the absence of something to show that this testimony was relevant and material, and that its existence was unknown to the defendants. The…