Rolfe

Upon Appellant’s petition, the writ of habeas corpus issued and after hearing was had the petition for release from the Warden of the Federal penitentiary at San Pedro, California, was denied and the writ was discharged. Exceptions to the Court’s rulings were taken and allowed and the petitioner appeals. For convenience appellant will be referred to as petitioner.

Petitioner claims that, he was insane when arraigned upon and when he plead guilty to criminal charges pending against him, and that he was insane when he was sentenced. He also claims that he was insane when “he committed, the overt acts” to which he plead guilty. Petitioner is confined upon the authority of the sentence imposed and claims that in the circumstances he is entitled to his freedom.

'It is, ,of course, settled law that the issues of a criminal trial cannot be retried through the writ of habeas corpus as upon appeal. Whitney v. Zerbst, Warden, 10 Cir., 1933, 62 F.2d 970 ; 1 Hall v. Johnston, 9 Cir., 1936, 86 F.2d 820 . The trial court, however, having in mind the case of Mooney v. Holohan, 294 U.S. 103 , 55 S.Ct. 340 , 79 L.Ed. 791 , 98 A.L.R. 406 , and the fact that petitioner was appearing in propria…