In Re De La Roi

In 1942 Wilson De La Roi, hereinafter sometimes referred to as the petitioner, was convicted of the charge that while undergoing a life sentence in a state prison, on July 15,1942, he committed an assault with a deadly weapon (with deadly effect) and with malice aforethought upon one William Deal, a fellow convict. The judgment imposing the mandatory death penalty for such offense (Pen. Code, § 4500) was affirmed. (People v. De La Roi (1944), 23 Cal.2d 692 [146 P.2d 225, 151 P.2d 837].) Subsequent to affirmance of the judgment, this court issued a writ of habeas corpus upon a petition in…