Swope

This is an appeal from a judgment dismissing appellant’s application- for a writ of habeas corpus. Appellant had filed a prior application for the writ which was dismissed and thé dismissal affirmed. Lynch v. Johnston, 9 Cir., 167 F.2d 1000 .

Appellant contends that the instant petition is upon a ground not presented in the first and of which he, a layman there pleading in propria persona, was not then advised as to its legal import. We think the instant petition is not an abuse of the writ, Price v. Johnston; 334 U.S. 266, 291 , 68 S.Ct. 1049, 1063 , stating of a petitioner upon a third petition that “if for some justifiable reason he was previously * * unaware of the significance of relevant facts, it is neither necessary nor reasonable to deny him all opportunity of obtaining judicial relief.”

Appellant’s first petition charged that he had not had the effective assistance of counsel; that there had been a coerced confession and that he was denied subpoenas for his witnesses. .Our decision on his first appeal held against him on these issues.

His present petition 'alleges that he was charged with murder in the first degree; a plea of guilty to second degree murder was…