Waley v. Johnston

GARRECHT, Circuit Judge.

This is an appeal from an order of the court below denying appellant’s petition for writ of habeas corpus. The appellant *750presents the following points for review: “1. The Court erred in denying writ of habeas corpus. 2. The Court erred in not declaring statute attacked to be unconstitutional as shown. 3. The Court erred in denying petitioner law of the land.” We will consider petitioner’s second contention; if that falls, the others must fall.

It appears that the appellant was convicted on an undisclosed daté in the District Court of the United States for the Western…