John D. Green, Also Known as Jack D. Green, and v. Harley O. Teets, Warden of the California State Prison at San Quentin, And

BONE, Circuit Judge.

Petitioner’s petition for a Writ of Habeas Corpus was denied in the United States District Court for the Northern District of California. His petition to that court for a certificate of probable cause to appeal to this Court, as required by 28 U.S.C.A. § 2253, was also denied. Following these denials, petitioner’s counsel moved this Court “for the issuance of a Certificate of Probable Cause on Appeal * * As permitted under rules of this Court 1 this motion was heard by a division of three judges.

In 1932, in a case tried to a jury, petitioner was found guilty of murder in…