IN RE CARMEN'S PETITION 165 F. Supp 942 (N.D.Cal. 1958) CASE BRIEF

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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