Stewart

Appellant, who alleges that he is in the custody.of the appellee, the warden of the United States penitentiary at Alcatraz Island, California, petitioned the lower court in propria persona for writ of habeas corpus. He was permitted to, proceed in forma pauperis. The trial court denied the application without the issuance of an order to show cause or writ of habeas corpus. An application for leave to appeal therefrom was allowed January 18, 1938. The question involved on appeal is whether or not the petition for writ of habeas corpus made a prima facie showing which entitled the appellant to release from custody. Fisher v. Johnston, 9 Cir., 95 F.2d 36 . The petition contains 28 pages and is based largely on the alleged insufficiency of the indictment upon which the appellant was prosecuted, convicted and sentenced. Neither a copy of the indictment nor of its essential parts is set out in or annexed to the petition. Appellant also attacks the validity of the sentences, commitments and verdicts. The record of the proceedings, or essential parts thereof necessary for the determination of these questions, is not set out in nor attached to the petition.

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