John D. Green, Also Known as Jack D. Green, and v. Harley O. Teets, Warden of the California State Prison at San Quentin, And

Petitioner’s petition for a Writ of Habeas Corpus was denied in the United States District Court for the Northern District of California. His petition to that court for a certificate of probable cause to appeal to this Court, as required by 28 U.S.C.A. § 2253 , was also denied. Following these denials, petitioner’s counsel moved this Court “for the issuance of a Certificate of Probable Cause on Appeal * * As permitted under rules of this Court this motion was heard by a division of three judges.

In 1932, in a case tried to a jury, petitioner was found guilty of murder in the first degree in a California court. The jury, by its verdict, fixed the penalty at death. This conviction and sentence was affirmed, People v. Green, 1932, 217 Cal. 176 , 17 P.2d 730 . On January 4, 1934, Governor Rolph of California commuted “ * * * the sentence of Jack D. Green from death to life imprisonment upon the conditions and with the restrictions, however, that he shall be confined in the state penitentiary at San Quentin for the remainder of his natural life and that he shall never be eligible for release upon parole and that he shall never be entitled to and shall never apply for his release from…