Lawrence E. Wilson, Warden v. William Eugene Porter

MADDEN, Judge:

This is an appeal by the warden of the California State Prison at San Quentin from an order of the district court granting appellee’s application for a writ of habeas corpus and impliedly invalidating the state court judgment of conviction under which appellee was being held in appellant’s custody. 1

On May 11,1961, appellee was convicted by a California court sitting without a jury for possession of a firearm by a felon and for possession of a concealed dagger. 2 The writ was applied for and granted on the ground that the evidence essential to appellee’s conviction was obtained…