In re Phyle

In the late afternoon of Thursday, January 19, 1951, William Jerome Phyle, through his mother, presented to this Court a Petition for Writ of Habeas Corpus. It was alleged therein, in substance, that he was unlawfully detained by the Warden of San Quentin penitentiary; that he was to be executed the following morning; that he was denied due process within the meaning of the Fourteenth Amendment; that he was insane and entitled to a hearing on the matter of his alleged restoration to san *556 ity, under the provisions of Section 3704, Penal Code of the State of California as amended in 1949.

This Court, after a careful analysis of the petition, the background of the case as reflected in the reported decisions, which will be referred to at length hereafter, and the law as applicable, duly and regularly issued the Order to Show Cause herein returnable Monday, the 22nd of January, 1951, at 10 o’clock a. m. Execution of the death sentence was stayed pending a determination of the important issues and in order to gain a full comprehension of the grave and extensive issues involved.

A brief statement of the full factual background is pertinent:

On February 20, 1946, William Phyle was…