Audett

This is an appeal from an order of the District Court for the Northern District of California, Southern Division, dismissing a petition for a writ of habeas corpus.

Appellant was tried on two counts of an indictment. The first of these, on which he was convicted, charged him with entering the First State Bank of Whitman, Nebraska, with intent in said bank to commit the crime of larceny. This state bank was an “insured bank as defined in subsection (c) of section 264” of 12 U.S.C.A. and hence one to which the federal criminal laws here in question are applicable. 12 U.S.C.A. 588a.

The other count, on which he was acquitted, charged appellant with the larceny of $1.70, committed in the bank after entry there. The entry preceding the larceny charged in the first count was the same entry as that with intent to commit larceny charged in the second count.

The first count of the indictment was drawn under the provisions of §§ 588b of 12 U.S.C.A., which at the time of appellant’s indictment provided:

“Whoever, by force and violence, or by putting in fear, feloniously takes, or feloniously attempts to take, from the person or presence of another any property or money' or any other…