Sarazzawski v. Duffy

GARRECHT, Circuit Judge.

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…