Walsh

Heretofore, the appellant, while in the custody of the warden of the United States Penitentiary at McNeil Island, Washington, filed a petition for writ of habeas corpus alleging that the murder for which he was convicted occurred outside the jurisdiction of the United States District Court for the Southern District of California wherein he was convicted and, consequently, that the judgment was void. This court sustained the decision of the United States District Court for the Western District of Washington dismissing his petition upon the ground that the jurisdictional question had been settled in the court which had sentenced him and could not be raised by the petition for the writ of habeas corpus. Walsh v. Archer, 9 Cir., 73 F.2d 197 . Our decision was cited with approval by the Supreme Court in Bowen v. Johnston, 306 U.S. 19, 25 , 59 S.Ct. 442 , 83 L.Ed. 455 . The appellant, having, been transferred to the custody of the respondent at Alcatraz, within the jurisdiction of the United States District Court for the Northern District of California, filed in that court a new petition for writ of habeas corpus based upon the same jurisdictional question which had been decided by this…