Daloia

This is an appeal by Cosmo A. Daloia from an order denying his application for a writ of habeas corpus.

In June, 1955, Daloia was tried before a jury in the Superior Court of the State of Washington, in and for King County, on a charge of second degree assault. A verdict of guilty was entered, and, on June 10, 1955, he was sentenced to serve not more than ten years in the Washington state penitentiary. 1 No appeal was taken.

On October 19, 1956, the Supreme Court of the State of Washington denied the application of Daloia for a writ of habeas corpus. 2 Certiorari was thereafter denied by the United States Supreme Court, Daloia v. Schneckloth, 352 U.S. 1011 , 77 S.Ct. 581 , 1 L.Ed.2d 557 .

The instant application for a writ of habeas corpus was filed in the United States District Court for the Eastern District of Washington on May 29, 1957. It was on that day denied on the court’s own motion, without issuance of a writ or an order to show cause. The trial court thereafter issued a certificate of probable cause, thus enabling Daloia to appeal. See 28 U.S.C.A. § 2253 .

In dismissing the application without issuance of a writ of habeas corpus or an order to show cause, the…