Application of Joseph Moyle, for a Certificate of Probable Cause

Moyle, a prisoner of the State of California, applies to me for a certificate of probable cause for an appeal from a denial of his application for a writ of habeas corpus by the District Court of the Northern District of California.

It appears that in February, 1939, Moyle was convicted in the United States District Court of' the Northern District of California of robbery of a contract station of the United States Post Office and sentenced to 25 years imprisonment. Thereafter, pursuant to his own request, Moyle was released to the California authorities to stand trial for violation of Section 209 of the California Penal Code. He was convicted and sentenced to life imprisonment without possibility of parole, this State sentence to commence at the expiration of Ms federal sentence. It further appears that Moyle’s federal sentence has mow expired and he is presently confined at San Quentin.

At the conclusion of his trial in the California Superior Court, Moyle’s attorney gave oral notice of appeal as provided by the rules of procedure then in •effect. Oral notice of appeal has since been abolished. Cal.Rules #31; see note 23 West’s Ann.Cal.Codes 351 (1955). The rules then in effect…