Walsh v. Archer
Citation | 73 F.2d 197 |
Decision Date | 22 October 1934 |
Docket Number | No. 7518.,7518. |
Parties | WALSH v. ARCHER. |
Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Loyd L. Lavender, of Long Beach, Cal., for appellant.
J. Charles Dennis, U. S. Atty., of Seattle, Wash., Owen P. Hughes, Asst. U. S. Atty., of Tacoma, Wash., and Peirson M. Hall, U. S. Atty., and Ernest R. Utley, Asst. U. S. Atty., both of Los Angeles, Cal., for appellee.
Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.
This is an appeal from an order of the United States District Court for the Western District of Washington dismissing appellant's petition for a writ of habeas corpus. The petition discloses that on November 10, 1933, appellant was convicted of murder in the first degree, following indictment and trial in the United States District Court for the Southern District of California, hereinafter referred to as the trial court, and was imprisoned for life and is now in the custody of appellee serving said sentence. The murder was alleged to have been committed on the high seas, on board the vessel Johanna Smith II, and within the jurisdiction of the United States District Court for the Southern District of California.
Sections 272 and 273 of the Criminal Code (18 USCA §§ 451, 452) provide:
The petition for habeas corpus is based on the ground that at the time of the commission of the crime for which petitioner was convicted, the said vessel, Johanna Smith II, was within the state of California and within the jurisdiction of the courts of the state of California, and not within the jurisdiction of the United States District Court for the Southern District of California.
The petition alleges "that on the date of the commission of the homicide for which your petitioner stands convicted of and imprisoned for murder, to-wit, on or about the said 20th day of September, 1933, the said vessel was located and situated on and upon the waters of San Pedro Bay, State of California, three and nine-tenths (3.9) nautical miles from the nearest point of land of the coast of the State of California, to-wit, the White Stack site in the City of Seal Beach, State of California; that the seaward boundary of the said San Pedro Bay is a line drawn from Point Firmin to Point Lasuen (the Western limit of the present City of Huntington Beach, State of California); that all waters shoreward from the said line drawn from the said Point Firmin to the said Point Lasuen, and all waters seaward from the said Point Lasuen, and all waters seaward from the said line for a distance of three (3) miles therefrom, are a part of and within the jurisdiction of the State of California, and are not a part of the high seas; that on the said date of the said commission of the said homicide the said vessel was located and situated shoreward from the said line from the said Point Firmin to the said Point Lasuen, and therefore within the State of California and not upon the high seas, and not within the jurisdiction of the District Court of the United States for the Southern District of California, or any other District Court of the United States, or any Federal Court whatsoever;" and that testimony was taken at the trial relating to the position of the vessel at the time the homicide was committed.
Attached to the petition are excerpts from the court's instructions to the jury, in which the court stated:
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Carmen, Application of
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