Piascik

Petitioner here is confined as a state prisoner in the California State Prison at Folsom. His application for a writ cf habeas corpus was filed with this Court on July' 24; 1959. An order to show cause was issued by this Court on July 30, 1959, and a copy of this order was served upon the Warden of the California State Prison at Folsom, • and a copy of the petition and this order were served upon the Attorney General of the State of California.

A return to the order to show cause with points and authorities in support of the return was filed with the Court on August 6, 1959. As a part of the return a transcript of the criminal proceedings in the state court was lodged with this Court. The petitioner’s traverse in opposition was filed on August 20, 1959. A brief in support of the petition for habeas corpus was filed on October 7, 1959.

It is established law that on a state prisoner’s application for habeas corpus on federal constitutional grounds, the federal district court may take into consideration the proceedings and adjudications in the state trial and appellate courts. Brown v. Allen, 344 U.S. 443 , 73 S.Ct. 397 , 97 L.Ed. 469 . This Court thoroughly reviewed the petition…