Batson

Appellant appeals from the order of the lower court denying his application for a writ of habeas corpus against P. J. Squier, Warden, United States Penitentiary at McNeil Island.

The appellant was indicted in the District Court for the Eastern District of Oklahoma on two counts in violation of the National Motor Vehicle Theft Act.

Count One charged the appellant and one Cleat Collins with unlawfully receiving at Valiant, Oklahoma, a motor vehicle from persons unknown, which had been stolen at Port Arthur, Texas, and which automobile had been transported in interstate commerce from Port Arthur, Texas, to Valiant, Oklahoma, knowing the same to be stolen property.

Count Two charged appellant with unlawfully transporting a motor vehicle from Port Arthur, Texas, to Valiant, Oklahoma, knowing the same to have been stolen.

The appellant was found guilty on both counts by jury verdict and sentenced to five years’ imprisonment on each count, such sentences to run consecutively.

In his application for habeas corpus, appellant alleges that he has fully served the sentence imposed on Count One and upon the ground that the two counts of the indictment charged but one offense, urges that…