Fouquette

Fouquette appeals from an order denying his application for a writ of habeas corpus seeking to have set aside his conviction of first degree murder and his death sentence by the Eighth Judicial Court of the State of Nevada in Clark County. At the hearing in this court it was agreed that Fou-quette had killed one Donald Brown and that the questions here concern Fouquette’s defense of insanity at the time of the killing.

On the question of exhaustion of his state remedy required by 28 U.S.C. § 2254 , Nevada has no habeas corpus proceeding in which its courts have the power to consider anything more than whether the sentencing court had jurisdiction to entertain the prosecution of the crime charged and of the accused. It was so held on Fouquefte’s petition for the writ. State v. Fouquette, Nev., 233 P.2d 859 . Cer-tiorari to the United States Supreme Court, 342 U.S. 928 , 72 S.Ct. 369 , was sought from this holding as to -the limit of the writ in Nevada. Obviously that Court could not consider the constitutional contentions here made. Hence we are concerned here only with Fouquette’s attempts to satisfy § 2254 by his petition for certio-rari to the Nevada Supreme Court.

Fouquette…