James Edward Flemings v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

We agree with the District Court that of the grounds upon which appellant relies in seeking discharge in habeas corpus the only one presenting a Constitutional issue is his contention that an incriminating statement was used against him contrary to Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) and that the rule of that case should be retroactively applied to his trial. Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882 (1966) disposes of this contention.

We do not consider those grounds for relief which appellant asserted for the first time…