John H. Barnett v. Clarence T. Gladden, Warden, Oregon State Penitentiary

John H. Barnett, in Oregon penal custody, appeals from the denial of his application for a writ of habeas corpus. The only question presented is whether, under principles of double jeopardy, the prosecution and conviction which led to his present imprisonment deprived him of. due process of law under the Fourteenth Amendment. The district court opinion and order is reported in 255 F.Supp. 450 .

The facts are undisputed. On March Í3, 1960, Barnett, who was drunk at the time, met two fourteen year old girls, Jean Corwin and Helen Moyle, on S.E. Dorian Street, Pendleton, Oregon. He solicited them to engage in sexual intercourse with him “down to the river,” offering to pay them five dollars apiece.

He was arrested on that day and charged with being drunk in a public place, in violation of a Pendleton ordinance. On March 14, 1960, he pleaded guilty and was fined twenty-five dollars.

On March 14, upon the complaint of Helen Moyle, he was charged with the offense of “Immoral Practices,” in violation of Pendleton ordinance No. 2199, section 17, paragraph 6. The charging portion of this complaint states that in a particular block on S.E. Dorian Street, adjacent to the Alta Skating…