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LAMBERT v. WILSON

No. 22063.

401 F.2d 889 (1968)

Jack C. LAMBERT, Appellant, v. Lawrence E. WILSON, Warden of the California State Prison at San Quentin, et al., Appellee.

United States Court of Appeals Ninth Circuit.

October 4, 1968.

Attorney(s) appearing for the Case

Al Katz (argued), Chicago, Ill., for appellant.

Joyce F. Neddle (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., of Cal., Jerome C. Utz, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and SMITH, District Judge.

PER CURIAM:

Appellant admittedly killed his wife. There was substantial evidence of premeditation. The defense, a lack of specific intent because of intoxication, failed. Defendant was convicted of murder in the first degree and sentenced to life imprisonment. He filed a petition in the United States District Court for a writ of habeas corpus and after an evidentiary hearing the district court denied the petition.

The contention made here and below is that...

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