Sampsell

Sampsell was convicted in a California Superior Court of murder in the first degree, assault with a deadly weapon with intent to murder, and robbery in the first degree, and sentenced to death. The California Supreme Court affirmed the judgment, People v. Sampsell, 1950, 34 Cal.2d 757 , 214 P.2d 813 , and the United States Supreme Court denied certiorari, Sampsell v. California, 1950, 339 U.S. 990 , 70 S.Ct. 1016 , 94 L.Ed. 1391 . He is here appealing from a judgment of the United States District Court dismissing his petition for the issuance of the writ of habeas corpus. The judgment followed the, issuance of an order to show cause upon which issues were drawn in accordance with the usual practice.

Where a petitioner has exhausted his state remedies and his petition for certiorari in the United States Supreme Court has been denied,' a federal district court has jurisdiction to entertain an application for federal habeas corpus. Darr v. Burford, 1950, 339 U.S. 200 , 70 S.Ct. 587 , 94 L.Ed. 761 ; Title 28 U.S.C.A. § 2254 . In such a case, appellate jurisdiction is conferred upon this court by Title 28 U.S.C.A. § 2253 . The denial of' certiorari by the United States Supreme Court…