Latimer

This is an appeal from a judgment of the-United States District Court for the Eastern District of Washington, denying an application for habeas corpus by a state prisoner. A former application had been dismissed without prejudice because of a failure to exhaust state remedies.

Latimer was convicted on a charge of forgery in Stevens County, Washington, on August 31, 1937, and was given a sentence of twenty years. On May 16, 1951, he was-released on parole. On September 26, 1951, he was convicted in King County, Washington, on a: new charge of forgery and was sentenced thereunder. It is this sentence that is being attacked by the application for the writ. On May 5, 1952, the Washington State Board of Pardons and Paroles issued an order revoking the parole on the first judgment. At this stage of the proceedings, on January 6, 1953, the judgment appealed from was entered- — a dismissal of the application as premature because Latimer was serving a valid pre-existing sentence.

Subsequent to the district court’s decision, on March 28, 1953, the Superior Court in and for the State of Washington in and for Stevens County, Washington, granted Lati-mer’s petition for a writ of habeas…