Charles N. Lambert v. Merle E. Schneckloth, Superintendent, Washington State Penitentiary, Walla Walla, Washington

In 1950 appellant was convicted of commission of the crime of robbery in the Superior Court of Spokane County, State of Washington. For this offense he was sentenced to the Washington State prison for a term of twenty years, which sentence he is now serving. In June of 1956, appellant questioned the validity of confinement under this sentence by a petition for habeas corpus addressed to and filed in the United States District Court for the Eastern District of Washington. The record on the instant appeal shows that this petition was denied by that court on August 21, 1956.

In 1955 appellant was convicted in the Walla Walla County Superior Court, State of Washington, of the crime of first degree assault. Upon this conviction he was sentenced to a prison term of fifty years. On September 27, 1956, appellant questioned the validity of this (second) sentence by filing a petition for habeas corpus in the United States District Court for the Eastern District of Washington. This petition was denied by that court. From this denial appellant prosecuted the present appeal.

Appellant contends that since he is now “serving both sentences” he may question the validity of the second and latest…