Millen v. Capen

BINGHAM, Circuit Judge.

This is an appeal from an order of the District Court of Massachusetts of April 25, 1924, denying the appellants’ petitions for a writ of habeas corpus cum causa, on the ground that the court was without jurisdiction.

It appears that the appellants and another person were jointly indicted in the Massachusetts superior court for the county of Norfolk for the crime of murder in the first degree, a capital case, and trial was set for April 16, 1934; that on April 10, 1934; the appellants filed waivers of trial by jury and motions to be tried by a justice of said court,…