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DAVIS v. JOHNSTON

No. 10754.

144 F.2d 862 (1944)

DAVIS v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

August 25, 1944.

Attorney(s) appearing for the Case

Paul Davis, in pro. per., for appellant.

Frank J. Hennessy, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR, STEPHENS, and HEALY, Circuit Judges.

WILBUR, Circuit Judge.

Petitioner was convicted of murder committed during a robbery. He was sentenced to life imprisonment and has been transferred to the United States Penitentiary at Alcatraz, where he is now serving his sentence. The jurisdiction of the federal court over the crime of murder committed in South Dakota is predicated upon the allegation that the crime was committed within an Indian Reservation (the Rosebud Indian Reservation). His petition to the...

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