Cato

This is an appeal from an order of the District Court of the United States for the Northern District of California, Southern Division, denying appellant’s petition for a writ of habeas corpus and dismissing the same.

Petitioner was indicted and convicted for a violation of the United States- Criminal Code and was sentenced to jail. He was regularly committed to the San Francisco County Jail and was placed in charge of the jailer of said county as a prisoner of the United States. Later, appellant was brought before the Superior Court of the State of California, in and for the City and County of San -Francisco, and tried for an offense committed against state laws. Petitioner was regularly convicted and sentence was imposed that he be confined at the State Prison at San Quentin, California, the sentence to begin upon the expiration of the sentence imposed by the Federal Court.

Petitioner alleged that his removal from the jail for trial in the state court was against his will and that the state court had no jurisdiction to try or impose sentence upon him.

Prior to this application for a writ of habeas corpus in the federal court, appellant had presented a similar petition…