Lung

The appellants were convicted of a violation of §§ 171 and 88, 18 U.S.C.A., in the United States District Court for the District of Arizona. Appellants’ sole complaint is that the court committed prejudicial error in transferring the case from Tucson, Arizona, where it had been twice tried. Each trial resulted in disagreement of the jury. On June 9, 1939, over the objection of the appellants, the case was transferred from Tucson to Prescott for trial on August 8, 1939. When the case was called for trial counsel for the appellants moved that it be returned to Tucson for trial and this motion was denied. After a trial occupying ten days the jury returned a verdict of guilty on August 18, 1939.

Arizona is not segregated into divisions and the statutes and decisions with relation to the transfer from one division to another have no application. The act creating the judicial district of the state of Arizona provided for the holding of court in Tucson on the first Mondays in May and November; at Phoenix on the first Mondays in April and October; at Prescott, on the first Mondays of March and September; and at Globe on the first Mondays in June and December. The act provides, with…