Ben F. Mason v. John R. Cranor, Superintendent Washington State Penitentiary at Walla Walla, Washington

Petitioner filed for a writ of habeas corpus. The District Judge held a hearing on the petition and a return and answer filed by John R. Cranor, Superintendent of the Washington State Penitentiary, through Don Eastvold, Attorney General of the State of Washington. Petitioner was not present in person, but was represented by attorneys. Findings of fact and conclusions of law were entered. The petition was then dismissed.

It appears from the return that: Petitioner is confined in the Washington State Penitentiary on a judgment founded on a plea of guilty to the crime of grand larceny. On June 21, 1939, he was sentenced thereon to fifteen years’ imprisonment; “that this sentence has not yet expired; that the petitioner has not been granted a pardon; and he is not now entitled to a parole.” These statements are not controverted. This record alone justified the dismissal of the petition.

The return also sets up commitment upon a judgment and sentence entered in the state court on March 11, 1950, after a trial of defendant and conviction by jury of four counts of first degree forgery. This sentence has not expired, and petitioner has not been pardoned and is not entitled to a parole.…