Hayden

This is an appeal from an order denying a petition for a writ of habeas corpus.

Appellant was indicted on October 25, 1933, in the United States District Court for the Southern District of California for passing a counterfeit Federal Reserve note. On March 26, 1934, he pleaded guilty thereto,-and filed a motion for probation. On April 17, 1934, appellant was apprehended pursuant to an information against him, charging robbery, filed in a state court of California. On April 26, 1934, the federal court continued appellant’s case, and granted further continuances thereafter. On June 14, 1934, appellant pleaded guilty in the state court and was given an indeterminate sentence. On August 6, 1934, the federal court sentenced appellant to a five-year term of imprisonment “to begin to run upon defendant’s release after serving sentence pronounced in the State of California”. Commitment was issued on August 6, 1934. On August 11, 1934, appellant was delivered to the warden of the state prison, to serve the indeterminate sentence of the state court.

Appellant was released from the state prison on October 31, 1939, at which time he was taken into custody by the United States Marshal under…