Coy

The appeal herein is taken from an order of the lower court denying appellant’s petition for a writ of habeas corpus. The application alleged the appellant was confined in the United States Penitentiary at Alcatraz, California, under the sentences imposed by the District Court of the United States for the Western District of Kentucky. It is alleged that appellant, along with others, was indicted on March 26, 1937, charged with violation of certain sections of the criminal code of the United States; that there were three indictments and that he was found guilty on all counts by the jury and sentenced by the trial judge; that the sentences were to run consecutively; that the said sentences totalled 26 years and 6 days and $700. Twenty years of the total period of imprisonment were imposed upon the first count of Indictment No. 19658. The appellant alleges that he has served time for a period equivalent to the sum of all the lesser sentences, and inasmuch as the first count of Indictment No. 19658 should be held to merge into the second count and the sentence of twenty years thereon cancelled, appellant has more than served the legal portion of the sentences and should be…