Steffler

This is an appeal from an order denying the appellant’s petition for a writ of habeas corpus. We believe the writ was properly denied. The single error urged in this court by appellant and his counsel involves a question of law apparent from appellant’s pleadings below.

Appellant was convicted in ‘the United State District Court for the Southern District of Indiana of entering an Indiana state bank, whose deposits were insured by the Federal Deposit Insurance Corporation, with intent to commit larceny therein. He claims this is not a federal offense, that the federal court had no jurisdiction to try him and that its judgment is void.

The act creating the crime of entering the bank premises with felonious intent upon which the conviction is purported to rest is that of August 24, 1937, 50 Stats. 749. It says nothing specifically of state banks insured by the Federal Corporation. It amends subsection (a) of section 2 of the Act of May 18, 1934, 48 Stat. 783 , 12 U.S.C.A. § 588b. This 1934 statute as first enacted did not apply to such state banks. On August 23, 1935, that is before the pertinent amendment of 1937, the first section of the act of 1934 was amended to include them.…