WILLIAM H. BECKER, Chief Judge.
Petitioner, a state convict confined in the Missouri State Penitentiary, petitions this Court for a writ of federal habeas corpus adjudicating as invalid his state convictions of robbery in the first degree. Petitioner also requests leave to proceed in forma pauperis. Leave to proceed in forma pauperis has been previously granted.
Petitioner pleaded guilty to each of the two charges of first degree robbery herein involved in 1960. In 1965, he moved to vacate both of the sentences by means of a motion under Rule 27.26 of the Missouri Rules of Criminal Procedure, V.A.M.R. The motion was denied and the denial was affirmed by the Missouri Supreme Court (State v. Lillibridge, Mo., 399 S.W.2d 25). Thereafter, petitioner petitioned for habeas corpus in this Court, and on April 17, 1968, this Court ordered the convictions on the two above charges vacated (along with three other convictions entered on petitioner's pleas of guilty thereto), finding that the guilty pleas had not been knowingly and voluntarily entered and ordered petitioner discharged unless his cases were redocketed for trial within 60 days (Lillibridge v. Swenson (W.D.Mo.) Civil Action No. 1173). Thereafter, on the new trials, petitioner was convicted in the Circuit Court of Cole County of the two offenses of robbery in the first degree and was sentenced on one conviction on May 23, 1969, to a term of eight years' imprisonment, and on the other conviction on June 19, 1969, to a term of nine years' imprisonment. Petitioner appealed from the judgments of conviction and impositions of sentences to the Missouri Supreme Court and the Missouri Supreme Court affirmed the convictions and sentences on appeal. State v. Lillibridge, Mo., 459 S.W.2d 288 (Nos. 54,814 and 54,820, November 9, 1970).
In the petition at bar, petitioner states the following as grounds for his allegation that he is presently being held in custody unlawfully:
"(a) Petitioner's rights to due process of law under the Fourteenth Amendment and to a speedy trial under the Sixth Amendment were violated when the State of Missouri failed and refused to cause the criminal actions in cases numbered 5705, 5706, 5707, 5708 and 5709 to be placed on the trial docket of the Circuit Court of Cole County for a new arraignment and trial within the sixty (60) day period specified in this Court's order of April 17, 1968, granting habeas corpus relief in Cause No. 1173, without an extension of said sixty (60) day period of time being sought or granted before the expiration of said period. United States ex rel. Miller v. Pate, D.C. 299 F.Supp. 418; Homan v. Sigler, D.C. 283 F. Supp. 404.
"(b) Petitioner's right to due process of law under the Fourteenth Amendment and to a speedy trial under the Sixth Amendment were violated when the State of Missouri failed and refused to cause petitioner to be finally discharged from prosecution on the informations in criminal causes numbered 5705, 5706, 5707, 5708 and 5709 after sixty (60) days had elapsed and the order of this Court in Cause No. 1173, filed April 17, 1968, requiring said criminal actions to be placed on the trial docket of the Circuit Court of Cole County within sixty (60) days had not been complied with and no extension of the sixty (60) day period of time had been sought or granted in said cause before the expiration of said period. United States ex rel. Miller v. Pate, D.C. 299 F.Supp. 418; Homan v. Sigler, D.C. 283 F. Supp. 404.
"(c) Petitioner's right to due process of law under the Fourteenth Amendment and to a speedy trial under the Sixth Amendment were violated by the State of Missouri during the period April 17, 1968 through March 31, 1969, in Cole County Cause No. 5708, and during the period April 17, 1968 through May 23, 1969, in Cole County Cause No. 5709. Klopfer v. North Carolina, 386 U.S. 213 87 S.Ct. 988, 18 L.Ed.2d 1; Smith v. Hooey, 393 U.S. 374 89 S.Ct. 575, 21 L.Ed.2d 607; Dickey v. Florida, 398 U.S. 30, 90 S.Ct. 1564, 26 L.Ed.2d 26 No. 728, Oct. Term 1969, May 25, 1970."
Petitioner states the following as facts in support of the above allegations:
"On the date of April 17, 1968, this Court issued its order in Cause No. 1173, adjudging the convictions in Cole County Circuit Court Cause Nos. 5705, 5706, 5707, 5708 and 5709 to be void and annulled.
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"The Court further ordered petitioner to be finally discharged from prosecution on the informations in said criminal actions, unless, within sixty (60) days, the State of Missouri caused said criminal actions to be placed on the trial docket of the Circuit Court of Cole County for a new arraignment and trial. (Emphasis petitioner's.)
"Subsequently, and on the date of April 25, 1968, petitioner was transferred to the Cole County Jail from the Missouri State Penitentiary. Said transfer was effected without warrant.
"Thereafter and on April 29, 1968, petitioner was taken before the Magistrate Judge of Cole County. At that time bail was purportedly fixed by said Magistrate Judge.
"Thereafter and on the date of June 17, 1968, petitioner was brought before the Circuit Court of Cole County; counsel was appointed and bail was fixed in each case.
"All proceedings in the Circuit Court of Cole County on June 17, 1968, occurred sixty-one (61) days after the mandate of this Court (containing the sixty (60) day limiting factor) was filed in Cause No. 1173. No proceedings of any kind were held in the Circuit Court of Cole County regarding the criminal actions aforesaid prior to the date of June 17, 1968.
"As of June 17, 1968, no extension of the sixty (60) day period of time provided in the order granting habeas relief had been sought or granted in Cause No. 1173.
"Thereafter and on the date of July 15, 1968, petitioner was again brought before the Circuit Court of Cole County, but arraignment on the charges was continued to August 19, 1968. No further action was taken in the cases until:
"On the date of January 20, 1969, petitioner was arraigned and pleas of not guilty were entered in the Circuit Court of Cole County in Cause Nos. 5705, 5706, 5707, 5708 and 5709.
"Thereafter and on the date of February 4, 1969, petitioner entered a plea of guilty to the charge of `escape' in Cause No. 5705, and was sentenced to a term of three (3) years imprisonment in the Missouri Department of Corrections. On that date petitioner was transferred to the Missouri State Penitentiary from the Cole County jail.
"Thereafter and on the date of March 31, 1969, after trial by jury, petitioner was convicted of the offense of `Robery in the first degree' in Cause No. 5708; punishment was assessed at imprisonment for a term of eight (8) years. Sentence was pronounced on May 23, 1969.
"Thereafter and on the date of May 23, 1969, after trial by jury, petitioner was convicted of the offense of `Robbery in the first degree' in Cause No. 5709; punishment was assessed at imprisonment for a term of nine years. Sentence was pronounced on June 19, 1969.
"The order of this Court in Cause No. 1173 returned the original informations to the jurisdiction of the Circuit Court of Cole County on the date of April 17, 1968, during the February 1968 term of circuit court.
"Trial was held on the charge in Cause No. 5708 during the February 1969 term of circuit court.
"Trial was held on the charge in Cause No. 5709 during the May 1969 term of circuit court.
"During the foregoing period of time, the following additional proceedings were had in the aforesaid criminal actions:
"On the date of June 4, 1968, the prosecuting attorney filed amended informations in the causes. In addition to the original charge, each amended information, for the first time, charged the defendant with violation of the Second Offender's Act, RSMo 556.280.
"Defendant was held in the Cole County jail without any record of commitment until January 23, 1969, for a period of 274 days. The records of the Cole County jail indicate defendant was arrested on the date of January 23, 1969.
"Jurisdiction in the criminal actions aforesaid was returned to the Circuit Court of Cole County on the date of April 17, 1968, when the order of this Court in Cause No. 1173 was filed.
"Jurisdiction by the Circuit Court of Cole County was lost on the date of June 16, 1968, when the State of Missouri failed to cause the criminal actions aforesaid to be placed on the trial docket of the circuit court within the sixty (60) day period specified in this Court's order in Cause No. 1173.
"The criminal actions aforesaid were placed on the trial docket of the Circuit Court of Cole County for a new arraignment and trial on the date of June 17, 1968, sixty-one (61) days after the order of this Court in Cause No. 1173."
With respect to petitioner's contentions (a) and (b), involving his not being "discharged from prosecution" and his not having the charges against him reinstated on the state court docket until 61 days after the order of this Court in Civil Action No. 1173, petitioner has previously raised these contentions by way of a postjudgment motion in Civil Action No. 1173 and in a prior petition for habeas corpus in this Court, Lillibridge v. Swenson (W.D.Mo.) Civil Action No. 18239-3. In the latter case, it was stated by this Court that:
"In its notice entered in Civil Action No. 1173 on July 30, 1968, this Court deemed those facts stated by petitioner, the same facts as stated above to represent substantial compliance by the State of Missouri with the order of this Court of April 17, 1968 insofar as it pertained to the time of redocketing of the
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