Ex parte Sullivan

The petitioner, after having been convicted of murder in the first degree and sentenced to die on May 15, 1936 [see Sullivan v. State (Ariz.) 55 P.(2d) 312], applied to the District Court of the United States for the District of Arizona, for writ of habeas corpus after a similar writ had been denied by the Supreme Court of the state. The District Court denied the application for the writ and denied the application for leave to appeal to this court.

Petitioner asked that his petition for appeal be allowed by a judge of this court and that a certificate of probable cause and for stay of execution be issued on the granting of such petition. In addition to this application, he files an original petition to this court for the issuance of a writ of habeas corpus.

The petition for the allowance of the appeal and certificate of probable cause refer to the original petition for writ of habeas corpus addressed to this court for a statement of the facts which he seeks to present to this court by the appeal and by the petition for the writ. The whole matter can be considered upon application for leave to appeal and for the certificate of probable cause. The petitioner claims that he has…