Schenk

This appeal is from a final decision by the District Court of the United States for the Northern District of California which, in a proceeding by appellant, Robert Schenk, against appellee, Clyde I. Plummer, Warden of the California State Prison at Folsom, denied appellant’s petition for a writ of habeas corpus. The detention complained of was by virtue of process issued out of a California State court. People v. Schenk, 19 Cal.App.2d 503 , 65 P.2d 895 .

The District Court’s decision was rendered on January 18, 1940. This appeal was taken on February 26, 1940. Thereafter appellant moved this court for an order appointing counsel to represent him on the appeal. We denied the motion on April 19, 1940, 113 F.2d 726 . We there expressed doubt as to our jurisdiction to entertain the appeal, but did not pass on the question. The question is now squarely before us and must be decided.

Section 466, Title 28, U.S.C.A., 1 provides: “From a final decision by a court of the United States in a proceeding in habeas corpus where the detention complained of is by virtue of process issued out of a State court no appeal to the circuit court of appeals shall be allowed unless the United States…