In Re Lee Look

LORIGAN, J.

The petitioner, Lee Look, having been convicted of murder in the superior court of Santa Clara County and sentenced to death, appealed to this court from the judgment, which was affirmed.

The date originally fixed for his execution having passed pending his appeal, upon the affirmance of the judgment, he was again brought before said ‘superior court, and on December 23, 1904, an order was mqde by said court directing his execution on March 3, 1905, and further directing that the sheriff of Santa Clara County, in whose custody he then was, deliver him to the warden of the state prison at San Quentin to be executed.

On December 24, 1904, petitioner applied to the district court of the United States for a writ of

habeas corpus

to be discharged from the custody of said sheriff, challenging,, on constitutional grounds, the validity of the judgment of conviction against him upon which the order for his execution was based. This petition was denied. Having immediately filed an assignment of errors and tendered a sufficient bond on appeal, he applied to the same court, and subsequently to the circuit court of the United States, for an order allowing him an appeal to the supreme court of the United States from the judgment of said district icourt denying his petition for the writ, which application both courts denied.

Thereafter he applied to the Honorable Joseph McKenna, associate justice of the supreme court of the United States, for the allowance of such an appeal from the said judgment of the United States district court, which on February 2, 1905, was granted, and a citation jissued directed to the sheriff to show cause before the supreme court of the United States at a date subsequent to that fixed by the order for execution by the superior court of Santa Clara County. This matter

[569]

is still pending before said supreme court of the United States.

Intermediate the time between' the denial by the United States district court of petitioner’s application for a writ of

habeas corpus