Demaurez

Petitioner seeks to prosecute an appeal in forma pauperis from an order of the District Court for the Western District of Washington denying his application for writ of habeas corpus. His application to prosecute his appeal in forma pauperis has been denied by the District Court for lack of merit. He now asks us to grant such leave, notwithstanding the denial by the District Court.

Petitioner states he was brought before a jury and convicted on two counts of an indictment, the first charging him with forging an endorsement upon a check issued against the United States treasury for the sum of $124.77 payable to the order of Whitfield Levi Ruhl; the second count charging him with the offense of publishing and uttering said check with its forged endorsement.

Petitioner was sentenced to a term of ten years with a fine of $500 on the first count, and to five years with a fine of $500 on the second count, the term of imprisonment on the second count to commenee to run upon the termination of the sentence imposed upon the'first count.

Petitioner claims that the sentence of ten years upon the first count was void because in excess of the jurisdiction of the court and that he had…