Brown

In the District Court of the United States for the Northern District of Texas (hereafter called the Texas court), appellants, Royce R. Brown and Tom C. Moffitt, were indicted for violating § 1 of the Act of June 22, 1932, c. 271, 47 Stat. 326 , as amended by the Act of May 18, 1934, c. 301, 48 Stat. 781 , 18 U.S.C.A. § *728 408a. 1 Appellants were arraigned, pleaded ,not guilty, were tried and convicted and, on February 25, 1937, were sentenced to be imprisoned for 25 years.

The United States penitentiary at Alcatraz, California, was designated as the place of appellants’ confinement. While there confined and serving their sentences, appellants petitioned the District Court of the United States for the Northern District of California (hereafter called the-California court) for writs of habeas corpus. The writs were issued and served on appellee, James A. Johnston, warden of the penitentiary. Appellee made return of the writs and brought the bodies of appellants before the California court. A hearing was had, evidence was taken, findings of fact and conclusions of law were made and filed, and judgment was entered discharging the writs. From that judgment this appeal is…