Edward Edwards v. Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California

Edward Edwards by separate courts-martial was tried for and convicted of four distinct offenses committed while incarcerated and serving military sentences at certain military penal institutions. A sentence was imposed upon each conviction. He filed a petition for writ of habeas corpus in the United States District Court alleging that all four sentences were required to be served concurrently under the Uniform Code of Military Justice (Chapter 47, Title 10 U.S.C.A., Armed Forces), and since the longest of the four sentences had been completed, he was entitled to his release. The court issued an order to show cause and held a hearing which resulted in an order denying the petition. Upon request of the petitioner, the lower court permitted the appeal in forma pauperis. Jurisdiction is conferred by 28 U.S.C.A. § 2253 .

The facts regarding these four sentences, so far as pertinent, reveal that on two occasions, August 14, 1951 and October 1, 1951, appellant was sentenced by courts-martial to serve one and three years confinement, respectively, for assault committed while incarcerated at the United States Disciplinary Barracks at Camp Cook, California. Both sentences were subsequently…