IN RE CARMEN'S PETITION
165 F. Supp 942 (N.D.Cal. 1958)
NATURE OF THE CASE: This was an action for a writ of habeas corpus.
FACTS: Carmen (D) was convicted of murder by the superior court of the state of
California. There was evidence that both D and his victim were Indians and that the crime
was committed on Indian country lands. D claimed that a federal statute requires that an
Indian who commits murder on Indian lands shall be tried in federal courts. During the
trial, none of the parties were aware of this statute. D applied for a writ of habeas corpus.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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