Quagon v. Biddle
| Decision Date | 30 April 1925 |
| Docket Number | No. 6742.,6742. |
| Citation | 5 F.2d 608 |
| Parties | QUAGON v. BIDDLE, Warden of Penitentiary. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Lee Bond, of Leavenworth, Kan., for appellant.
Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al. F. Williams, U. S. Atty., of Topeka, Kan., on the brief), for appellee.
Before SANBORN and LEWIS, Circuit Judges.
This is an appeal from an order of dismissal of the petition of Charles Quagon for a writ of habeas corpus. The record in this court upon which the appellant asks a reversal of the order of dismissal consists of the petition of Mr. Quagon for the writ, Exhibit A to the petition which is a copy of the indictment for the offense of which he was found guilty, Exhibit B to the petition which is a copy of the commitment of the petitioner by the United States District Court of the Western District of Wisconsin, the court which tried him, to the penitentiary at Leavenworth, and the motion of W. I. Biddle, the warden of the penitentiary, to dismiss the petition for the writ on the ground that it does not set forth facts sufficient to entitle the petitioner to its issue. The only question presented to this court, therefore, by this appeal is whether or not the petition and its two exhibits set forth facts sufficient to invoke the jurisdiction of the court below to grant the writ.
The offense charged against Mr. Quagon in the indictment was that he, an Indian of the Chippewa Tribe, on July 15, 1916, in the state of Wisconsin and within the limits of Lac Courte Oreilles Indian Reservation, committed the offense of rape upon an Indian who was a member of the Chippewa Tribe in violation of section 328 of the Criminal Code (U. S. Comp. St. § 10502). That statute provides that any Indian committing the crime of rape against the person of an Indian within the boundaries of any state of the United States and within the limits of any Indian reservation shall be subject to the same laws, tried in the same courts, and in the same manner, and be subject to the same penalties as any other Indian committing any such crime within the exclusive jurisdiction of the United States. In his application for the writ the petitioner alleged his indictment, trial, conviction, sentence, and commitment to the penitentiary by the United States District Court of the Western District of Wisconsin, and then averred that that court had no jurisdiction of the petitioner or of the offense, that it had no right to sentence the petitioner, that at the time the offense was alleged to have been committed neither he nor the Indian upon whom the offense was alleged to have been committed was subject to the jurisdiction of the court that tried him, that they were citizens of the United States, that the Lac Courte Oreilles Indian Reservation consisted of land allotted to the different Indians and which is used and occupied by them for the purpose of agriculture, and that the land or farm upon which the offense is alleged to have been committed belonged to and was the land of the mother of the Indian upon whom the offense was committed, that it had been allotted to her by the United States government, and that it "was not within said Indian reservation, or not a part of said Indian reservation to such an extent as to give said court jurisdiction over offenses committed thereon."
The allegations in this petition that the court which tried Mr. Quagon had no jurisdiction of him or of the offense, that it had no right to sentence him, that neither he nor the Indian against whom the offense was alleged to have been committed was subject to its jurisdiction, and that the land on which the offense was committed "was not within said Indian reservation, or not a part of said Indian reservation to such an extent as to give said court jurisdiction over offenses committed thereon," were averments of mere conclusions of law. They were not averments of...
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