In the Matter of the Application of Caryl Chessman, for a Writ of Habeas Corpus

Chessman, convicted of kidnapping and attempted raping of a young woman in violation of Section 209 of the Penal Code of California and other crimes is sentenced to be executed by gas on Friday, January 14, 1955. He seeks my certificate of probable cause, required by 28 U.S.C. § 2253 , for an appeal, which he has attempted to have noticed below, from a decision of the United States District Court for the Northern District of California in a habeas corpus proceeding, 128 F.Supp. 600 . That court, without issuing the writ or an order to show cause, dismissed on the ground that the application failed to state a cause of ac tion, relying on our opinion in Chessman v. People, 9 Cir., 205 F.2d 128 , later discussed.

Under 28 U.S.C. § 2253 , -to have a probable cause for appeal there must be found a justiciable question for the appellate court to decide. Obviously, if such a question exist, the certificate must be made even though, as presently advised, I might now decide it adversely to Chessman.

The application for the writ in the district court was in all essential respects the same as a petition for the writ in the Supreme Court of California, also so denied 274 P.2d 645 .…