Bledsoe

This is an appeal from an order dismissing appellant’s petition for release from the custody of appellee.. Bledsoe has been-imprisoned over six years and three’ months since December 11, 1939, on two sentences, hereafter considered, of the United States District Court for the Eastern District of Texas.

In case No. 1166 Bledsoe was indicted for breaking into and entering a United States Post Office Building in Harleton, Texas, on October 27, 1939, and in case No. 1335 for a similar offense committed on October 29, 1939, in Simms, Texas. Bledsoe pleaded guilty to each indictment.

The district court adjudged a five year sentence in each case. The appellant does, not contend that either or both sentences are invalid or that the years spent by Bledsoe in the penitentiary are without warrant.

*459 The controversy here is whether the sentences were to be served concurrently or consecutively. Each sentence signed by the district judge read that it is “to run consecutive with” the other. Obviously here is no effective judgment for consecutive sentences.

In the absence of a judgment for consecutive sentences on separate indictments, 18 U.S.C.A. § 709a provides that each sentence “shall…