Barsock

This is an appeal from a judgment of conviction for first degree murder of one Howard Everett Jepson, pursuant to which a sentence of life imprisonment was imposed ■ upon appellant. The indictment charged the murder to have occurred. on the United States Naval Station Terminal Island in the Southern District of California, and hence the cause is within federal jurisdiction. 18 U.S.C.A. §§ 451 , 452 [now §§ 7, 1111].

A. The first contention of appellant is that the killing occurred in the course of resisting an illegal arrest and hence that the offense was not murder in the first degree, and that the trial court erred in instructing the jury that the legality of the arrest of appellant by naval authorities was immaterial.

The facts proved are that appellant is a civilian, discharged from the Navy. On April 2, 1948, he went to the Terminal Island Naval Base for the purpose of validating his previously issued naval ticket to Louisiana. At that time he was illegally wearing a Navy uniform. The transportation office on the base was closed, and appellant decided to stay overnight in the barracks because it was raining.

Appellant was apprehended by the Master at Arms for a claimed…