Ex parte Ceja

Petitioner, desiring to appeal from a dismissal of his petition for writ of habeas corpus by the United States District Court for the District of Novada, sought a certificate of probable cause from the District Judge and also petition for allowance o£ appeal. Both requests were denied, and he makes application to mo for such a certificate and for the allowance of an appeal.

The petition and paper submitted therewith show that petitioner was charged by an information filed in the state court of Nevada with the crime of murder and plead guilty thereto. The court heard evidence to •ascertain the degree of murder and ascertained that the murder was committed in an attempt to commit robbery and determined that the murder was of the first degree and sentenced petitioner to death. An appeal was taken to the Supreme Court oE the State of Nevada and the judgment affirmed. 298 P. 658 . The petition for the writ of habeas corpus was based on the ground that in the state of Nevada a presentment by a grand jury is essential to the prosecution of a felony, although the Constitution of Nevada expressly provides otherwise. The contention is based on tho proposition that under the Enabling Act of…