Hicks v. Mayo

This appeal is from "a final decision by a court of the United States in a proceeding in habeas corpus where the detention complained of is by virtue of process issued out of a state court”. Under the provisions of Section 466, Title 28 U.S.C.A. a certificate of probable cause is a jurisdictional prerequisite to such an appeal.1 The appellant does not present such certificate, but, on the contrary, there appears in the record a finding and order of the district judge that no application for such certificate was made, but if it were, the court *89would deny it, as the court “could not…