In re Rupp

EDWARD P. MURPHY, District Judge.

Petitioner, William Francis Rupp, seeks a Writ of Habeas Corpus to test the legality of his detention in the California State Prison at San Quentin, where he is awaiting execution under a sentence of the Superior Court of the County of Orange, of the State of California.

This is petitioner’s second appearance in this court. His first petition for a Writ of Habeas Corpus was denied on the ground that he had failed to exhaust his state remedies. Rupp v. Teets, D.C.N.D.Cal.1953, 117 F.Supp. 376. That ruling was affirmed in 9 Cir., 214 F.2d 312, and certiorari was…