William Francis Rupp v. Harley O. Teets, as Warden of the California State Prison at San Quentin, California

POPE, Circuit Judge.

The appellant Rupp is held by Warden Teets, the appellee, pursuant to a judgment and commitment of a California Superior Court imposing the death penalty by reason of Rupp’s conviction of murder in the first degree. The killing was in an attempt to perpetrate rape.

After an unsuccessful appeal to the California Supreme Court, People v. Rupp, 41 Cal.2d 371, 260 P.2d 1, and a denial of certiorari by the United States Supreme Court, he filed a petition for writ of habeas corpus in the Supreme Court of California which was denied and his petition for writ of certiorari to…