Segura

Segura v. United States

Good Law
261 F. 12·4 Alaska Fed. 850·1919 U.S. App. LEXIS 1706
United States Court of Appeals for the Ninth CircuitOctober 29, 1919No. 3288California2,009 words

Opinion

Lead Opinion

Ross, J.

The plaintiff in error was charged by indictment with the deliberate and premeditated murder of one J. E. Riley, known as George Riley, near the town of Flat, on Otter creek, in the territory of Alaska, May 5, 1918, of which crime he was convicted by the verdict of a jury, without the qualification authorized by the Code of Alaska, to which a sentence to imprisonment at hard labor for life would have attached. Thereafter the judgment of death was imposed upon him by the judgment here brought for review. Sections 1883, 1884, Comp.Laws of Alaska, pp. 648, 649. In the court below a motion was made for a change of the place of trial from the town of Flat, where the court was held, to Fairbanks, or some other place within the Fourth judicial division of the territory, to be designated by the court, upon the alleged grounds that there was “reason to *851 believe that an impartial trial could not be had at Flat,” and that “the ends of justice would be promoted by the change.” The additional transcript that has been brought here pursuant to the Writ of certiorari heretofore issued out of this court shows that two affidavits were filed in support of the motion, one by the plaintiff in…

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