WILBUR, Senior Circuit Judge.
This is an application for leave to appeal from an order denying writ of habeas corpus and for a certificate of probable cause essential thereto in the case of a conviction under a state law.
Petitioner claims that the provisions of law (§ 1168 of the Penal Code of California, as amended in 1931, St.1931, p. 1053) are invalid as to him because ex post facto.
The crime of which he was convicted was committed September...
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