Reed

This is an appeal from the order of the court below discharging a writ of habeas corpus, and remanding the *380 petitioner, the appellant herein, to custody. The petition represented in substance that the petitioner was illegally restrained of his liberty by the chief of police of the city of Ros Angeles, and one Phelan, an agent of the Governor of the state of Iowa, under and by virtue of a certain demand for his extradition made by the Governor of Iowa, .founded upon an illegal indictment by a grand jury of that state, and a writ of rendition issued thereupon for the petitioner’s apprehension by the Governor of the state of California; that the petitioner’s imprisonment and detention are illegal, for the reasons that the requisition of the Governor of Iowa is wholly insufficient to empower the state of Iowa to’ ask for the petitioner’s extradition; that the indictment which was found against the petitioner ill the state of Iowa was insufficient, for the reason that it did not state facts sufficient to constitute a public offense, in this: That it does not appear that the person alleged in said indictment to have been defrauded by petitioner was defrauded of anything of value,…

(concurring).

My views upon the points involved in the present case were stated in the similar case of Ex parte Graham, reported in 216 Fed. 813 . For the reasons there stated, I ■concur in the judgment here given in the present case.