Verheul

The petitioner seeks to prosecute his appeal in forma pauperis from an order denying his application for a writ of habeas corpus. The trial court denied an application to so proceed on appeal on the ground that the application is without merit. He renews the application in this court. We agree with the trial court that the application is without merit for the reasons we now state.

Petitioner appealed to this court in an habeas corpus matter in 1938. The order of the trial court denying release was affirmed November 7, 1938, by this court. Verheul v. Johnston, 9 Cir., 99 F.2d 757 . It appears petitioner was complaining that he had been sentenced for twenty-five years on a criminal charge where the maximum penalty provided by law for the offense charged is twenty years. We affirmed the denial of release on the ground that the question he sought to present could not be raised by a petition for a writ of habeas corpus until the expiration of the twenty-year period. He subsequently applied to the United States District Court of South Dakota which imposed the sentence of twenty-five years asking for a reduction of the sentence from twenty-five to twenty years.

At his request an…