Andreas

The appellant, James Andreas, an Indian belonging' to the Mission Tribe and living on the Torres Martinez Indian Reservation, reserved for that tribe in the Southern District of California, was indicted for violation of section 328, Federal Penal Code (18 USCA § 548), the crime of rape on a female Indian under the age of 18 years, committed on or about the 18th day of April, 1933, on the aforesaid Indian reservation, within the exclusive jurisdiction of the United States. Defendant pleaded guilty to the indictment charging the said crime, and the District Court entered its judgment sentencing him to confinement in a federal penitentiary for a term of five years.

The act of Congress under which appellant was indicted and adjudged guilty of the crime of rape as specified in the indictment is as follows:

On the 23d day of June, 1933, appellant filed a petition in the same court for a writ of habeas corpus, alleging that such portion of the statute here in question which provides for imprisonment at the discretion of the court constitutes an attempt to delegate legislative power to a judicial body contrary to article 1 of the Constitution of the United States (section 1), and that…