In Re Carmen's Petition

165 F. Supp 942 (N.D.Cal. 1958)

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Nature of the Case

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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.