Ex parte LOOK

Ex parte LOOK. (District Court, N. D. California. December 27, 1904.) No. 13,396. 1. Habeas Corpus — Criminal Convicted by State Court — Appeal—Allowance. A federal court will not allow an appeal from its decision refusing a writ of babeas corpus to release one convicted of murder by a state court, when on a previous writ of error tbe United States Supreme Court bad decided that no rights secured to tbe accused by tbe federal Constitution and laws bad been violated, and tbe only ground for tbe application was that defendant was never properly charged before a committing magistrate. On Habeas Corpus. The petitioner, Lee Look, was convicted in one of the superior courts of tbe state of California of the crime of murder, and thereupon sentenced to suffer tbe penalty of death. This judgment was affirmed by the Supreme Court of tbe state, and from this judgment a writ of error was taken to tbe Supreme Court of the United States. The writ of error was dismissed by that court, but for what reason does not appear, and thereupon tbe petitioner filed bis petition in the District Court of tbe United States for the Northern District of California for a writ of habeas corpus, claiming that be had never been properly charged before the committing magistrate with the crime of murder, and that the information upon which he was tried was, for that reason, void, and his conviction thereon was in violation of the rights, privileges, and immunities granted him by section 1, art. 14, of the amendments of the Constitution of the United States. A. H. Jarman, for petitioner. [MAJORITY — DE HAVEN, District Judge.] DE HAVEN, District Judge. Petitioner herein has filed his petition for an order allowing an appeal from the order of this court denying his application for the issuance of a writ of habeas corpus. The case as presented is in principle the same as that of In re Durrant (C. C.) 84 Fed. 314-317, and, following the rule therein announced, the petition for an order allowing an appeal is denied.