In Re Roi

In 1942 Wilson De La Roi, hereinafter sometimes referred to as the petitioner, was convicted of the charge that while undergoing a life sentence in a state prison, on July 15, 1942, he committed an assault with a deadly weapon (with deadly effect) and with malice aforethought upon one William Deal, a fellow convict. The judgment imposing the mandatory death penalty for such offense (Pen. Code, § 4500)