Archer v. Heath

RUDKIN, Circuit Judge.

This is an appeal from an order discharging the appellee from the custody of the warden of the United States penitentiary at McNeil Island, Washington, to whose custody he had been committed in execution of a final judgment of the United States Court for China. Tho reason for the discharge was that the information upon which the conviction was had failed to charge that the appellee was a citizen of the United States at the time of tho commission of the crime. A similar question was presented to this court, by writ of error, in Husar v. United States, 26 F.(2d) 847, hut…