Simpson

Petitioner, Henry Simpson, was convicted of counseling, advising, and encouraging his 13 year old son to kill Simpson’s wife. After trial by jury a verdict of guilty of murder in the first degree was returned, without recommendation, and a sentence of death imposed.

The California Supreme Court, on the mandatory appeal unanimously affirmed the judgment. People v. Simpson, 43 Cal.2d 553 , 275 P.2d 31 . Thereafter petitioner was scheduled to die in the gas chamber on February 25, 1955.

Petitioner filed a petition for a writ of habeas corpus and stay of execution with the California Supreme Court. An order from that court denied the petition without opinion. Thereafter, on February 24th, the day before the scheduled execution, petitioner filed a second petition for a writ of habeas corpus and stay of execution with the California Supreme Court. Petitioner’s counsel filed a duplicate copy of this petition in the United States District Court. The record discloses that hearings were held in this court February 24th the day before petitioner was to be executed.

*894 Counsel for petitioner took the position at these hearings that with the California Supreme Court’s denial of…