Newagon

Appellant,.a prisoner in a United States Penitentiary, filed in the district court a petition for a writ of habeas corpus, averring that he is illegally confined. The trial court found that the petition presented “no jurisdictional infirmity reachable by the writ of habeas corpus” and dismissed the application. This appeal followed.

While still in his youth or young manhood, in 1934, appellant was indicted, jointly with another, in the Western District of Wisconsin, in the United States District Court, a court of competent jurisdiction, for murder upon an Indian' Reservation. Thereafter he was tried by a lawfully constituted jury and on August 31, 1934, found guilty. He was represented throughout the trial, including sentence, by competent counsel appointed by the court, except that when the verdict was returned his attorneys were not in the courtroom. They were present, however, the following day when appellant was sentenced. At that time the two lawyers representing him moved for a new trial, alleging that no “credible testimony upon which the verdict could possibly have been based,” had been presented, and, further, that the court release and discharge appellant on “the ground…