Lawrence R. Braun v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, Washington

Lawrence R. Braun, in Washington State penal custody, appeals from a district court order denying his application for a writ of habeas corpus. He is presently serving concurrent sentences of ten years for taking a motor vehicle without the permission of the owner, and fifteen years for burglary in the second degree, having been convicted of both charges on May 9,1955.

On July 4, 1964, Braun escaped from Washington’s Eastern State Hospital where he had been incarcerated as a criminally insane person. During the period of his escape and while in the State of California, he was tried and convicted of forgery by a California State Court. He was sentenced to serve six months to fourteen years, the sentence to be served concurrently with any unexpired terms.

While he was in a California correctional institution serving this sentence, California authorities, pursuant to an order entered by a California State Court, offered to surrender him to Washington authorities so that he might serve his California and Washington sentences concurrently. The Washington authorities declined the offer and lodged a detainer against Braun with California prison officials. After being paroled on the…