Marshall Roy Lurie v. E. J. Oberhauser, Warden, Peter Gary D'AllessAnDro v. C. J. Fitzharris, Superintendent, Etc.

POWELL, District Judge,

On June 1, 1966 petitioners Lurie and D’Allessandro were convicted in the Superior Court of the State of California, of burglary and grand theft. Their convictions were affirmed by the California Court of Appeals. The California Supreme Court denied their petitions for a hearing.

The petitioners’ applications for the issuance of writs of habeas corpus were denied by the District Court after a review of the transcripts of their preliminary examination and trial. This appeal followed.

The facts are not materially disputed. Two officers of the Los Angeles Police Department…