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68-616: Caryl Whittier Chessman (May 27, 1921 – May 2, 1960) was a convicted robber , kidnapper , serial rapist , and writer who was sentenced to death for a series of crimes committed in January 1948 in the Los Angeles area . Chessman was charged with 17 counts and convicted under a loosely interpreted "Little Lindbergh law" – later repealed, but not retroactively – that defined kidnapping as a capital offense under certain circumstances. His case attracted worldwide attention, and helped propel

136-470: A 1955 film of the same name , directed by Fred F. Sears , with William Campbell as Chessman. Chessman's middle name, Whittier, was used as the surname of his alter ego protagonist in the film. The manuscript of his fourth book, The Kid Was a Killer, was seized by San Quentin warden Harley O. Teets in 1954 as a product of “prison labor." It was eventually returned to Chessman in late 1957, and published in 1960. Chessman's books and public campaign ignited

204-414: A capital offense . Two of the counts against Chessman alleged that he dragged Johnson 22 feet from her car before demanding oral sex, and that he abducted Meza against her will, driving her a considerable distance before raping her. The court ruled that both actions fit the law's definition of kidnapping with bodily harm, thus making Chessman subject to the death penalty under the law. The law was repealed by

272-617: A theft as set out in section 1(1) of the Theft Act 1968. In R v Robinson the defendant threatened the victim with a knife in order to recover money which he was actually owed. His conviction for robbery was quashed on the basis that Robinson had an honest, although unreasonable, belief (under Section 2(1)(a) of the Act) in his legal right to the money. See also R v Skivington [1968] 1 QB 166, [1967] 2 WLR 655, 131 JP 265, 111 SJ 72, [1967] 1 All ER 483, 51 Cr App R 167, CA. In R v Hale (1978)

340-487: A 1946 Ford coupe matching the description given by Meza and her boyfriend, and also by witnesses to a robbery at a clothing store in Redondo Beach earlier that day. After a high-speed chase, the vehicle's occupants, Chessman and David Knowles, were captured and arrested. After a 72-hour interrogation, during which Chessman later claimed he was beaten and tortured, Chessman confessed to the "Red Light Bandit" crimes. He

408-618: A 1949 episode. The producers changed the storyline of his crimes, allowing the rape victim to die in the fictitious version, justifying the death penalty. Chessman's execution is referenced in Lucio Fulci 's 1969 giallo One on Top of the Other , in which the character of George Dumurrier ( Jean Sorel ) is prepared to be executed in San Quentin's gas chamber. Not only were these sequences shot on location in San Quentin, but several of

476-493: A bank) or "stick-up" (derived from the verbal command to robbery targets to raise their hands in the air), and " steaming " (organized robbery on underground train systems). In Canada, the Criminal Code makes robbery an indictable offence , subject to a maximum penalty of life imprisonment . If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for

544-566: A church dance was pulled over on Mulholland Drive . The assailant dragged the girl, 17-year-old Mary Alice Meza, a short distance to his vehicle. Her boyfriend then drove away and was pursued by the assailant. After an unsuccessful attempt to force the male victim off the road, the perpetrator drove Meza to a secluded area where he forced her to engage in oral and anal sex, threatening to kill her boyfriend if she did not comply. The following day, police in North Hollywood attempted to stop

612-494: A deadly weapon or something that appears to be a deadly weapon. Highway robbery or mugging takes place outside or in a public place such as a sidewalk, street, or parking lot. Carjacking is the act of stealing a car from a victim by force. Extortion is the threat to do something illegal, or the offer to not do something illegal, in the event that goods are not given, primarily using words instead of actions. Criminal slang for robbery includes "blagging" (armed robbery, usually of

680-419: A number of offences of robbery and aggravated robbery. If a robbery is foiled before it can be completed, an alternative offence (with the same penalty, given by section 8(2) of the 1968 Act) is assault; any act which intentionally or recklessly causes another to fear the immediate and unlawful use of force, with an intent to rob, will suffice. The following cases are relevant: Assault with intent to rob

748-419: A robbery will constitute an offence of handling . Robbery is an indictable-only offence . Under current sentencing guidelines, the punishment for robbery is affected by a variety of aggravating and mitigating factors. Particularly important is how much harm was caused to the victim and how much culpability the offender had (e.g. carrying a weapon or leading a group effort implies high culpability). Robbery

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816-531: A second couple were robbed in the same manner near the Rose Bowl . Police quickly began to suspect a common perpetrator, and Los Angeles newspapers dubbed the suspect "The Red Light Bandit." On January 19, a third couple were robbed as they sat parked on a hill in West Pasadena, and the woman, Regina Johnson, was forced to perform oral sex on her assailant. On January 22, a fourth couple returning home from

884-414: A trespassory taking and carrying away of the personal property of another with the intent to steal from the person or presence of the victim by force or threat of force. The first six elements are the same as common law larceny. It is the last two elements that aggravate the crime to common law robbery. from the person or presence of the victim – robbery requires that the property be taken directly from

952-695: A worldwide movement to spare his life, while focusing attention on the larger question of the death penalty in the United States, at a time when most Western countries had abandoned it, or were in the process of doing so. The office of California Governor Pat Brown was flooded with appeals for clemency from noted authors and intellectuals from around the world, including Aldous Huxley , Ray Bradbury , Norman Mailer , Dwight Macdonald , and Robert Frost , and from such other public figures as former First Lady Eleanor Roosevelt , Marlon Brando , and Billy Graham . The Chessman affair put Brown, an opponent of

1020-480: A year, exceeding the National Crime Survey reported estimate. Robberies have been depicted, sometimes graphically, in various forms of media, and several robbers have become pop icons , such as Bonnie and Clyde and John Dillinger . Examples of media works focused on robberies include: Video games Payday: The Heist , Payday 2 and Payday 3 are games by Overkill Software where one of

1088-491: Is imprisonment for life . It is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003 . Current sentencing guidelines advise that the sentence should be no longer than 20 years, for a high-harm, high-culpability robbery with other aggravating factors. The "starting point" sentences are: An offender may also serve a longer sentence if they are convicted of other offences alongside

1156-507: Is a statutory offence created by section 8(1) of the Theft Act 1968 which reads: A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Robbery is the only offence of aggravated theft. There are no offences of aggravated robbery. This requires evidence to show

1224-615: Is an indictable-only offence . It is punishable with imprisonment for life or for any shorter term. Assault with intent to rob is also subject to the mandatory sentencing regime under the Criminal Justice Act 2003 . Robbery is a statutory offence in Northern Ireland . It is created by section 8 of the Theft Act (Northern Ireland) 1969 . In the United States, robbery is generally treated as an aggravated form of common law larceny. Specific elements and definitions differ from state to state. The common elements of robbery are:

1292-414: Is divided into three categories which are, in increasing order of seriousness: street or less sophisticated commercial; dwelling; and professionally planned commercial. Robbery generally results in a custodial sentence. Only a low-harm, low-culpability robbery with other mitigating factors would result in an alternative punishment, in the form of a high level community order . The maximum legal punishment

1360-492: Is featured in a significant number of films, songs, and novels. David Lynch , who wrote and directed a film named after Mulholland Drive , has said that one can feel "the history of Hollywood" on it. Jack Nicholson has lived on Mulholland Drive for many years, and still did so as of 2009 . The main portion of the road, from Cahuenga Pass in Hollywood westward past Sepulveda Pass, was originally called Mulholland Highway and

1428-419: Is in a person's presence when it is within the area of their immediate control. The property has to be close enough to the victim's person that the victim could have prevented its taking if he/she had not been placed in fear or intimidation. by force or threat of force – the use of force or threat of force is the defining element of robbery. For there to be robbery there must be "force or fear" in perpetrating

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1496-421: Is known by many as "Dirt Mulholland". This portion connects with other unpaved roads and bike trails and allows access to a decommissioned Project Nike command post that is now a Cold War memorial park. (This portion of Mulholland Drive was open to through traffic as late as the 1990s before being permanently closed to motor vehicles so that they would no longer interfere with the natural beauty and wilderness of

1564-500: Is named after Chessman. A fictionalized version of Chessman appears in James Ellroy's 2021 novel Widespread Panic . Chessman is believed by the fictional serial killer Thomas Bishop to be his biological father in the 1979 novel, By Reason of Insanity by Shane Stevens. Robbery Among the types of robbery are armed robbery , which involves the use of a weapon , and aggravated robbery , when someone brings with them

1632-412: Is not in order. The victim must be placed in apprehension or fear that force would be used immediately before or at the time of the taking of the property. A threat is not immediate if the wrongdoer threatens to use force of violence some future time. Robbery occurs if an aggressor forcibly snatched a mobile phone or if they used a knife to make an implied threat of violence to the holder and then took

1700-645: The California Institution for Men in Chino . He escaped in October 1943 but was arrested a month later. Convicted on another robbery charge, Chessman was sentenced to five years to life and served the minimum, mostly at Folsom State Prison . He was released in December 1947 and returned to Glendale. In the first three weeks of January 1948, a number of robberies and thefts were reported throughout

1768-546: The Greater Los Angeles Area . On January 3, two men robbed a haberdashery in Pasadena with a .45 caliber semi-automatic pistol. On January 13, a 1946 Ford coupe was stolen from a Pasadena street. On January 18, a man driving a car described as a 1947 Ford coupe fitted with a police red light stopped a vehicle near Malibu Beach , then used a .45 caliber pistol to rob the vehicle's occupants. Later that day

1836-817: The Los Angeles Basin , the San Fernando Valley , Downtown Los Angeles and the Hollywood Sign . Mulholland Drive has some of the most exclusive and expensive homes in the world, housing mainly Hollywood celebrities. The eastern terminus of Mulholland Drive is at its intersection with Cahuenga Boulevard at the Cahuenga Pass over the Santa Monica Mountains (at this point Cahuenga Boulevard runs adjacent to Highway 101/The Hollywood Freeway). The road continues to

1904-739: The Theft Act 1968 . See sections 40 to 43 of the Larceny Act 1861 . Section 23 of the Larceny Act 1916 read: 23.-(1) Every person who - shall be guilty of felony and on conviction thereof liable to penal servitude for life, and, in addition, if a male, to be once privately whipped. (2) Every person who robs any person shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding fourteen years. (3) Every person who assaults any person with intent to rob shall be guilty of felony and on conviction thereof liable to penal servitude for any term not exceeding five years. This section provided maximum penalties for

1972-469: The gas chamber at San Quentin Prison on May 2, twenty-five days before his 39th birthday. According to some sources, a last-minute attempt by a California Supreme Court justice to impose a new stay pending a habeas corpus motion failed when a court secretary misdialed the prison's phone number; by the time the call was routed to the execution chamber, the execution had begun and could not be halted. During

2040-604: The 1960s. Such convictions were also considerably focused on the Southern states, whereas the executions of Chessman, Monk and Rudolph Wright, gassed in 1962 for an assault (with deadly outcome, although without mens rea ) possibly faced greater scrutiny for occurring in California. Megan Terry’s play, The People vs Ranchman , loosely based on Chessman’s crimes and punishment, was produced Off-Broadway in New York during

2108-541: The 1968–1969 season. Author Dominique Lapierre visited Chessman several times during his incarceration. Lapierre was then a young reporter working for a French newspaper. His account of Chessman appears in the book A Thousand Suns. Artist Bruce Conner created his sculpture Child in 1959–60 as an homage to Chessman. The radio version of Dragnet referenced the Chessman case and the Redlight Bandit in

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2176-516: The Mount Tamalpais Cemetery, then disinterred in 1974 by Chessman's attorney Rosalie Asher and scattered off the coast of Santa Cruz Island . Chessman was dubbed "the first modern American executed for a non-lethal kidnapping." His time on death row – eleven years and ten months – was then the longest ever in the United States, a record that was broken in the post- Furman v. Georgia era on March 15, 1988, when Willie Darden Jr.

2244-480: The State of California to conduct a full review of the transcripts. The review concluded that the transcripts were substantially accurate. Chessman also took his case to the public through letters, essays and books. His four books— Cell 2455, Death Row ; Trial by Ordeal ; The Face of Justice ; and The Kid Was a Killer —became bestsellers. He sold the rights to Cell 2455, Death Row to Columbia Pictures , which made

2312-406: The application of force and the stealing took place in many different locations, and it was not possible to establish the timing; it was held that the appropriation necessary to prove theft was a continuing act, and the jury could correctly convict of robbery. This approach was followed in R v Lockley (1995) when the force was applied to a shopkeeper after property had been taken. It was argued that

2380-627: The area.) The road opens again east of Topanga Canyon Boulevard (State Route 27) at Santa Maria Road but remains dirt until it reaches Saltillo Street. Shortly thereafter, the thoroughfare splits into Mulholland Drive and Mulholland Highway . Mulholland Drive terminates at U.S. Highway 101 (the Ventura Freeway), where it becomes Valley Circle Boulevard. Mulholland Highway continues to the southwest until it terminates at State Route 1 (PCH) in Leo Carrillo State Park at

2448-410: The confession he signed during his initial police interrogation was coerced through force and intimidation. Over the course of nearly twelve years on death row Chessman filed dozens of appeals , acting as his own attorney, and successfully avoided eight execution deadlines, often by a few hours. Most appeals were based on assertions that he was forced to go to trial unprepared; that the trial itself

2516-633: The death penalty, in a difficult position. He was unable to grant Chessman executive clemency as the California Constitution required the commutation of a two-time felon's death sentence to be ratified by the California Supreme Court , which declined ratification by a vote of 4–3. After a long period of inaction Brown finally issued a 60-day stay a few hours before the February 19, 1960, scheduled execution. He issued

2584-613: The execution Chessman vigorously nodded his head, a pre‑arranged signal to reporters that he was experiencing pain. Chessman's body was cremated, as per his wishes, at the Mount Tamalpais Mortuary and Cemetery in San Rafael, California . He requested that his ashes be interred with his parents' at Forest Lawn Memorial Park in Glendale, but Forest Lawn refused the request on "moral grounds." His ashes were buried at

2652-442: The facts in R v Harman , which did not amount to robbery in 1620, would not amount to robbery now. It was held in R v Dawson and James (1978) that "force" is an ordinary English word and its meaning should be left to the jury. This approach was confirmed in R v Clouden (1985) and Corcoran v Anderton (1980), both handbag-snatching cases. Stealing may involve a young child who is not aware that taking other persons' property

2720-479: The family relocated to Glendale, California . Chessman's father became despondent after failing at each of a series of jobs, and attempted suicide twice. In 1929, Chessman's mother was paralyzed in a car accident. As a child, Chessman had asthma , which left him weak, and he also contracted encephalitis , which he later claimed changed his personality. After recovering he began to rebel against his parents' strict Baptist upbringing by committing petty crimes. The family

2788-603: The first offence, and seven years for subsequent offences. Robbery is a statutory offence in the Republic of Ireland . It is created by section 14(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001 , which provides: A person is guilty of robbery if he or she steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Robbery

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2856-494: The latest one being in 2024. The 21-mile (34 km) long mostly two-lane, minor arterial road loosely follows the ridgeline of the eastern Santa Monica Mountains and the Hollywood Hills , connecting two sections of U.S. Route 101 , and crossing Sepulveda Boulevard , Beverly Glen Boulevard , Coldwater Canyon Avenue , Laurel Canyon Boulevard , Nichols Canyon Road , and Outpost Drive . The road offers views of

2924-447: The legal definitions of offences in countries, or the different methods of offence counting and recording". Also not every single crime is reported, meaning two things; (1) robbery rates are going to appear lower than they actually are and; (2) the percentage of crime that is not reported is going to be higher in some countries then others, for example – in one country 86% of the robberies were reported, whereas in another country only 67% of

2992-496: The main objectives is to steal items of monetary value at places such as banks, art galleries, armored trucks, and more. Mulholland Drive Mulholland Drive is a street and road in the eastern Santa Monica Mountains of Southern California . It is named after pioneering Los Angeles civil engineer William Mulholland . The western rural portion in Los Angeles and Ventura Counties is named Mulholland Highway . The road

3060-415: The movement to end the use of capital punishment in the state of California. While in prison, Chessman filed numerous legal actions of dubious merit that led to him being considered vexatious . One judge wrote in 1957: "[Chessman is] playing a game with the courts, stalling for time while the facts of the case grow cold." Chessman wrote four books, including his 1954 memoir Cell 2455, Death Row . The book

3128-403: The person of the victim or from their presence. This is different from larceny which simply requires that property be taken from the victim's possession, actual or constructive. Property is "on the victim's person" if the victim is actually holding the property, or the property is contained within clothing the victim is wearing or is attached to a victim's body such as a watch or earrings. Property

3196-538: The phone. The person being threatened does not need to be the owner of the property. It is not necessary that the victim was actually frightened, but the defendant must have put or sought to put the victim or some other person in fear of immediate force. The force or threat may be directed against a third party, for example a customer in a jeweller's shop. Theft accompanied by a threat to damage property will not constitute robbery, but it may disclose an offence of blackmail . Dishonestly dealing with property stolen during

3264-747: The prison personnel who were responsible for Chessman's death acted in them; a fact that was especially highlighted in the film's trailer . Chessman is mentioned in Neil Diamond 's 1970 song " Done Too Soon " and in French singer Nicolas Peyrac 's song "So far away from LA". Chessman's execution in the gas chamber is mentioned in Richard Brautigan 's 1967 novella Trout Fishing in America . In 1977, Alan Alda starred in an NBC television movie about Chessman's life, Kill Me If You Can. This

3332-510: The robberies were reported. The last thing to note is that crime will vary by certain neighborhoods or areas in each country, so, just because a nationwide rate is a specified rate, does not mean that everywhere in that country retains the same amount of danger or safety. A 1983 study by the Department of Justice estimated that the amount of robberies in the US at schools alone may reach one million

3400-485: The robbery, such as assault and grievous bodily harm . Robbery was an offence under the common law of England. Matthew Hale provided the following definition: Robbery is the felonious and violent taking of any money or goods from the person of another, putting him in fear, be the value thereof above or under one shilling. The common law offence of robbery was abolished for all purposes not relating to offences committed before 1 January 1969 by section 32(1)(a) of

3468-408: The smell of peach blossoms and bitter almond." (Gas chamber reference) then: " Caryl Chessman sniffs the air and leads the parade, he knows, in a scent, you can bottle all you made. " "Sniffs the air" likely refers to the execution method; also the singer Gabriel pronounces "in a scent" indistinguishably from "innocent". Mexican professional luchador , " Chessman , the red light killer," from AAA ,

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3536-505: The stay, he said, out of concern that the execution could threaten the safety of President Dwight D. Eisenhower during an official visit to South America , where the Chessman case had inflamed anti-American sentiment. Pat Brown's son and future Governor Edmund G. "Jerry" Brown unsuccessfully lobbied his father to spare Chessman. Brown's stay of execution, along with Chessman's last appeals, ran out in April 1960, and Chessman finally went to

3604-427: The store robberies, but his conviction was reversed on appeal in 1950 due to an absence of direct incriminating evidence and "impermissible abuse of the law." Part of the controversy surrounding the Chessman case stemmed from the state's unusual application of the death penalty. At the time, under California's version of the "Little Lindbergh Law," a crime that involved kidnapping with bodily harm could be considered

3672-496: The theft should be regarded as complete by this time, and R v Gomez (1993), should apply; the court disagreed, preferring to follow R v Hale . The threat or use of force must take place immediately before or at the time of the theft . Force used after the theft is complete will not turn the theft into a robbery. The words "or immediately after" that appeared in section 23(1)(b) of the Larceny Act 1916 were deliberately omitted from section 8(1). The book Archbold said that

3740-500: The theft. Questions concerning the degree of force necessary for robbery have been the subject of much litigation. Merely snatching the property from the victim's person is not sufficient force unless the victim resists or one of the items is attached or carried in such a way that a significant amount of force must be used to free the item from the victim's person. For robbery the victim must be placed in "fear" of immediate harm by threat or intimidation. The threat need not be directed at

3808-417: The time his trial began but was in effect at the time of the crimes; the repeal was not applied retroactively. Chessman asserted his innocence from the outset, arguing throughout the trial and the appeals process that he was alternately the victim of mistaken identity, or of a conspiracy to frame him; he also claimed to know the identity of the real perpetrator, but refused to reveal it. He further alleged that

3876-421: The time of the theft. Force used after the theft will turn the theft into a robbery unless the theft is complete. The theft is considered completed when the perpetrator reaches a place of temporary safety with the property. The United Nations Office on Drugs and Crime notes "that when using the figures, any cross-national comparisons should be conducted with caution because of the differences that exist between

3944-428: The victim personally. Threats to third parties are sufficient. The threat must be one of present rather than future personal harm. Fear does not mean "fright", it means apprehension – an awareness of the danger of immediate bodily harm. The maximum sentence for robbery in California is 9 years, according to Penal Code section 213(a)(1)(A). The threat or use of force does not have to take place immediately before or at

4012-654: The west, offering vistas of the Hollywood Sign , Downtown Los Angeles , and then Burbank , Universal City , and the rest of the San Fernando Valley with the San Gabriel , Verdugo , and Santa Susana Mountains . The road winds along the top of the mountains until a few miles west of the San Diego/ Interstate 405 Freeway . Just west of the intersection with Encino Hills Drive, it becomes an unpaved road not open to motor vehicles. This part

4080-418: Was a prison inmate, observing Chessman's preparations for his execution helped to set him on the straight and narrow. Chessman , a 2016 play by Joe Rodota, tells the story of the execution from the viewpoint of Governor Pat Brown. The song "Broadway Melody of 1974" by the rock group Genesis , off their album The Lamb Lies Down on Broadway , contains the lyrics: "The cheerleader waves her cyanide wand with

4148-522: Was adapted for the screen in 1955 and stars William Campbell as a character modelled after Chessman. He was executed in California's gas chamber in 1960. Chessman was born Carol Whittier Chessman ( CAROL was, at the time, a popular name for boys of Danish descent; Chessman himself later changed the spelling to CARYL ) in St.   Joseph, Michigan , the only child of Serl Whittier and Hallie Lillian ( née Cottle) Chessman, both devout Baptists . In 1922,

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4216-458: Was also positively identified by the rape victims, Johnson and Meza. In late January 1948, Chessman was indicted on 18 counts of robbery , kidnapping , and rape . After a three-week trial in May, he was convicted on 17 of the 18 counts, and was sentenced to death . The prosecution was led by district attorney J. Miller Leavy . Chessman's accomplice, Knowles, was tried and convicted as an accessory in

4284-506: Was executed in Florida's electric chair for a 1973 murder. Several months after Chessman's execution, Billy Wesley Monk was executed on November 21, 1960, for kidnapping two women, attempting to rape the first and raping the second, and was the last to be executed for a non-lethal kidnapping in the United States. Further executions for non-lethal offenses, including robbery and rape, occurred as late as 1964, but have not been carried out since

4352-541: Was hit hard by the Depression , and Chessman later recalled that he stole food and other items as an adolescent to help his parents. In July 1937, Chessman was caught stealing a car and sent to Preston School of Industry (also known as Preston Castle), a reform school in Northern California. He was released in April 1938, only to return a month later after stealing another car. In October 1939, Chessman

4420-507: Was opened in 1924. It was built by a consortium of developers investing in the Hollywood Hills. DeWitt Reaburn, the construction engineer responsible for the project, said while it was being built, "The Mulholland Highway is destined to be one of the heaviest traveled and one of the best known scenic roads in the United States." The street has experienced multiple closures throughout the years due to mudslides and storm damage, with

4488-587: Was sent to the Los Angeles County Road Camp after yet another car theft. It was there that he met a group of young criminals known as the "Boy Bandit Gang." After his release from the road camp he joined the gang and, in April 1941, was arrested in connection with a number of gang-related robberies and shootouts with police. As the gang's leader, Chessman was convicted of robbery and sent to San Quentin State Prison , then transferred to

4556-428: Was sometimes shown, subsequently, as The Caryl Chessman Story. The song "The Ballad of Caryl Chessman," written by the songwriting team of Al Hoffman and Dick Manning , includes the chorus "let him live, let him live, let him live". It was a minor hit single for Ronnie Hawkins two months before Chessman's execution. Country music star Merle Haggard stated in an interview in 1995 that many years earlier, when he

4624-411: Was unfair; that confessions obtained by force and intimidation and promises of partial immunity were used in evidence against him; that California's "Little Lindbergh Law" was unconstitutional; and that the transcript of record forwarded upon appeal to the state supreme court was incomplete, and important parts of the proceedings were missing or incorrectly recorded. In 1957 the U.S. Supreme Court ordered

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