In re Ward

-Petition for a writ of habeas corpus.

In March 1945 petitioner, who was then serving in the Navy, was convicted of violating Penal Code sections in counts numbered, as follows: Count one—section 209 (kidnaping for robbery) ; count two—section 211 (first degree robbery) ; count three—section 211 (second degree robbery) ; count four— section 261 (rape) ; count five—section 209 (kidnaping for robbery) ; count six—section 211 (first degree robbery) ; count seven—section 220 (assault with intent to commit rape) ; count eight—section 211 (second degree robbery). In each instance, he was found also to have suffered a prior felony conviction.

The jury found that the victim of the kidnaping charged in count one of the information had suffered bodily harm, and petitioner was sentenced to life imprisonment without possibility of parole on that count 1 and to the terms prescribed by law on the remaining seven counts. The court ordered that the terms on counts one and five run concurrently and the terms on counts two, three, four, six, seven, and eight consecutively, but that the latter should, as a group, run concurrently with the term of imprisonment on the first and fifth counts and…