Cossack

This is an appeal in a habeas corpus proceeding from an order of court denying the appellant release from custody. Appellant is confined in the United States penitentiary at McNeil Island. He was convicted of the crime of assault with a dangerous weapon in the robbery of two' banks. He was sentenced upon each of two indictments to twenty-five years’ imprisonment, the sentences to run consecutively. The judgment of conviction was confirmed by this court in Cossack v. United States, 9 Cir., 82 F.2d 214 .

Appellant’s contention is that the indictments upon which he was tried and convicted do not state offenses of which the federal courts have jurisdiction. He contends that the federal statutes denounce armed robbery of a bank only where the bank is a member of the Federal Reserve System and that there is no allegation in the indictment that the bank robbed was a member of the Federal Reserve System. It is true that the indictment does not in terms charge that the bank involved was a member of the Federal Reserve System. The indictment alleges the robbery of a branch bank, “the 46th and Western office of the .California Bank, which said bank was then and there organized and operating…