James Davis v. People of the State of California and Robert A. Heinze, Warden, Folsom Prison, Represa, California

HAMLEY, Circuit Judge:

James Davis, a California state prisoner, applied to the district court for a writ of habeas corpus. 1 The detention complained of results from a state court conviction, after a trial without a jury, ■of the crime of possession of a narcotic, heroin, in violation of California Health and Safety Code, § 11500. 2

The district court, on its own motion and without hearing, denied the application. That court thereafter entered a -certificate of probable cause, enabling Davis to appeal. See 28 U.S.C. § 2253 (1958). He has done so.

Appellant contends that the district court erred…