John H. Barnett v. Clarence T. Gladden, Warden, Oregon State Penitentiary

HAMLEY, Circuit Judge:

John H. Barnett, in Oregon penal custody, appeals from the denial of his application for a writ of habeas corpus. The only question presented is whether, under principles of double jeopardy, the prosecution and conviction which led to his present imprisonment deprived him of. due process of law under the Fourteenth Amendment. The district court opinion and order is reported in 255 F.Supp. 450.

The facts are undisputed. On March Í3, 1960, Barnett, who was drunk at the time, met two fourteen year old girls, Jean Corwin and Helen Moyle, on S.E. Dorian Street, Pendleton,…