Ex parte Powers

EVANS, District Judge.

The petitioner, who is in the Jefferson county jail under sentence of death, asks for a writ of habeas corpus. Section 753, Rev. St. U. S. [U. S. Comp. St. 1901, p. 592], so far as applicable to the petition before me, expressly provides that “the writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he * * * is in custody in violation of the Constitution or of a law or treaty of the United States,” etc. The petitioner shows that he is in jail under a conviction had in a state court upon an indictment charging him with being accessory to the…