Appeal--from the District Court of the United States for the' Northern Division of the Western District of Washington.

Petition -by Frank Wayne against- O. P. Halligan, Warden of the United States Penitentiary on McNeil’s Island, Wash., for a writ of habeas corpus. From an order allowing the writ, defendant appeals.

The appellee was indicted in the District Court of the United States for the District of. Oregon under five counts. The; first count charged burglary, in that he broke into' and entered a United States post office with intent to commit larceny therein; by stealing and taking away postage stamps and moneys of-the United States; the second count charged him with the larceny of postage stamps Of the value of $22, committed on the same date and in ^the same .-post office; the third, count charged him with the larceny of $3 on the .same date from the same post.office; the fourth charged him with-receiving; concealing,' and retaining in his possession, with intent to convert to his own use,'thé postage, stamps; of the value of $22, which he had already feloniously taken from the said post office; and the fifth'count contained-a like charge of receiving, concealing, and retaining in his possession, with intent to convert to his own use, the said sum of $3 alleged to have been stolen from the post office. Upon his plea of guilty to the indictment, he was sentenced to be imprisoned for the term of three years for the offense charged in the first count, for a further term of two years for the offense charged in the second count, for the term of two years for the offense charged in the third count, for the term of one year for the offense charged in the fourth count, and for the term of one year for that which was charged in the fifth count. After having served the three-year sentence imposed under the first count, the appellee filed his petition in the District Court of the United States for the Western District of Washington, in which district he was confined, praying for a writ of habeas corpus, and for his discharge from the imprisonment. Upon the hearing on an order to show cause, the writ was allowed, and the appellee was discharged. The appeal raises the question whether the appellee could lawfully be sentenced separately for the burglary and the larceny charged in the indictment.