Kelly

(dissenting).

While the petitioner stated that he attacks the indictment as invalid on its face he is a layman, proceeding propria persona. We are required to construe his contentions with reference to the relief as the facts stated and those of which we have notice will warrant.

What is hereafter said would seem to come within a liberal interpretation of the fourth contention of his brief here.

“4. — If said indictment and proceedings are invalid, and said Trial Court was without jurisdiction, did said invalid indictment and proceedings which terminated in imprisonment, accord appellant Due Process of Law?”

In any event the judgment against petitioner if affirmed should be with leave to amend his petition if so advised.

Appellant on September 21, 1932, was indicted by a federal grand jury in the Northern District of California for a violation of 18 U.S.C. 320, 18 U.S.C.A. § 320 . Two days later, on September 23, 1932, without counsel, he pleaded guilty and was sentenced to imprisonment for 25 years by the *732 United States District Court for that district.

It appears that, when the plea of guilty was accepted by the California district court, women had been excluded from…

This is an appeal from an order of the United States District Court for the Western District of Washington, Southern Division, dismissing appellant’s petition for a writ of habeas corpus. *

The petition alleges:

This is an attempt to attack the composition of the Grand Jury panel returning the indictment. We held in the case of Redmon v. Squier, 162 F.2d 195, 196 , that objections to a Grand Jury panel must be seasonably made by motion to quash, or some similar motion, and cannot be raised by habeas corpus.

The order dismissing the petition is affirmed.

See Kelly v. Johnston, 9 Cir., 1940, 111 F.2d 613 ; Id., 1941, 312 U.S. 691 , 61 S.Ct. 710 , 85 L.Ed. 1127 ; Id., 1941, 312 U.S. 715 , 61 S.Ct. 803 , 85 L.Ed. 1145 ; Id., 9 Cir., 1942, 128 F.2d 793 ; Id., 1943, 317 U.S. 699 , 63 S.Ct. 439 , 87 L.Ed. 559 ; Id., 1943, 318 U.S. 798 , 63 S.Ct. 558 , 87 L.Ed. 1162 ; Kelly v. United States, 9 Cir., 1943, 135 F.2d 919 ; Kelly v. Johnston, 1946, 326 U.S. 695 , 66 S.Ct. 328 , 90 L.Ed. 409 .