Ex parte Penney

WILBUR, Circuit Judge.

Petitioner asks for his discharge from the state prison at Walla Walla upon the ground that his sentence has expired and seeks a writ of habeas corpus to that end. He alleges that he is held under a judgment and a commitment from the state court; that he was sentenced on the 6th day of January 1934 for a period of six years (two consecutive terms of three years); that he is entitled to two years deduction for good conduct and, consequently, should have been released January 6, 1938. He alleges that he had applied for relief to the Supreme Court of the state of…