Ex parte Cowen

Petitioner asked for an allowance of appeal from an order denying his application for writ of habeas corpus. The petition does not set out nor disclose the petition for habeas corpus filed in the lower court. It contains an assignment of errors, eight in number. Apparently the petitioner claims that he is imprisoned in violation of Art. 1, Sec. 10, of the Federal Constitution, U.S.C.A.Const. art. 1, § 10, prohibiting ex post facto laws. He claims that by the amendment of Sec. 1168 of the California Penal Code, St. 1931, p. 1053, the punishment has been changed in violation of Art. 1, Sec. 10, of the Constitution, U.S.C.A.Const. art. 1, § 10. He does not disclose when the alleged offense was committed, although it may be inferred it was committed prior to 1929. The petition does not show the terms of the judgment, sentence or commitment, nor whether or not the prison áuthorities have refused him any rights which he would have had under the statute in force at the time the offense was committed. There is no showing that this question has been presented to the state court by the petitioner or that he has exhausted his remedy thereunder. Such a showing is essential where a petitioner…