Bowen

Bowen v. Johnson

Good Law
97 F.2d 860·1938 U.S. App. LEXIS 3880
United States Court of Appeals for the Ninth CircuitJune 27, 1938No. 8753California1,027 words

Opinion

Lead Opinion

Stephens, J.

This is an-appeal from an order of the United States District Court for the Northern District of California denying appellant a writ of habeas corpus.

The facts are not in dispute. Appellant is confined in the United States prison at Alcatraz Island, California, under restraint of defendant, the prison warden. He was indicted December 14, 1930; convicted of murder under the provisions of § 273 of the Penal Code of the United States, 18 U.S.C.A. § 452 ; sentenced to life imprisonment by the United States District Court of Georgia for the Northern Division; and transferred from an eastern prison to Alcatraz by order of the Attorney General.

The indictment, upon which appellant was tried and convicted, charged him, together with John E. Smith and Frank Bowen,- with shooting one Raymond King-ton to' death with a shot gun within the Rome Division of the Northern District of Georgia “within the jurisdiction of said court, and within a certain place and on certain lands reserved and acquired for the exclusive use of the United States and under exclusive jurisdiction thereof, and acquired by the United States by consent of the legislature of the State of Georgia, to-wit: Chickamauga and…

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