Newagon v. Swope, Warden

LINDLEY, Circuit Judge.

Appellant,.a prisoner in a United States Penitentiary, filed in the district court a petition for a writ of habeas corpus, averring that he is illegally confined. The trial court found that the petition presented “no jurisdictional infirmity reachable by the writ of habeas corpus” and dismissed the application. This appeal followed.

While still in his youth or young manhood, in 1934, 2 appellant was indicted, jointly with another, in the Western District of Wisconsin, in the United States District Court, a court of competent jurisdiction, for murder upon an Indian'…