Boyden

This is an appeal from an order of the district court denying without hearing an application for a writ of habeas corpus.

The questions presented by this appeal are: (1) whether this court has jurisdiction of the appeal; and (2) whether, assuming the allegations of the application to be true, a showing of a violation of federal constitutional guarantees has been made.

(A) Jurisdiction:

The appellees contend that this court does not have jurisdiction because the notice of appeal (see 28 U.S.C. § 2107 ) and the required certificate of probable cause (see 28 U.S.C. § 2253 ) were not filed until June 24, 1953, and June 17, 1953, respectively, more than sixty days after the entry of the order denying the application for the writ. The record reveals that the order denying the application for the writ was entered on April 16, 1953. On April 28, 1953, the district court denied Boyden a certificate of probable cause. A petition for rehearing was filed and denied on April 28, 1953. On May 6, 1953, well within the time for filing a notice of appeal from the order denying the application for the writ, Boyden filed an application for a certificate of probable cause for appeal which was…