Sarazzawski

The petitioner, under sentence of death for murder, has filed an “application for certificate of probable cause”, in which he “prays that this court issue its certificate of probable cause as required by Section 466, Title 28 U-.S.C.A.” The section that he invokes, however, does not authorize this court to issue such a certificate. It does, however, authorize “a judge of the circuit court of appeals” to do so. In the “notice of application”, counsel for the petitioner apparently recognized this fact and recited that the application would be made to me or to one of the other judges of this court.

The petitioner’s papers were filed on April 5, 1948, four days before the date set for his execution. The application recites that the United States District Court for the Northern District of California, Southern Division, erred in discharging the order to show cause why habeas corpus should not be granted, and in denying the writ. The petitioner sets forth his conviction and sentence in the Superior Court of Los Angeles County, California, and the affirmance of the judgment and sentence by the Supreme Court of the State, reported in People v. Peterson, 29 Cal.2d 69 , 173 P.2d 11 .

It…