Petitioner, an inmate of the Montana State Prison, appearing pro se, seeks a writ of habeas corpus, and in his petition alleges that on September 28, 1961, he was sentenced in the district court of Powell County, Montana, to a term of one year on a charge of escape from the prison and a term of three years on a charge of using an automobile without the consent of the owner, said sentences to run consecutively; that petitioner is now serving the three year sentence which under the commitment was to commence at the expiration of the escape sentence of one year and since he has not yet served the escape sentence the sequence of sentences as contained in the commitment has been altered by the warden of the state prison and petitioner contends that this change in sequence has infringed his rights. Petitioner bases his argument here on the provisions of two statutes, the first being section 94-4716.1, R.C.M. 1947, which provides in dealing with crimes committed when absent from the prison that the term ""shall commence at the termination of the term of imprisonment for which said person was then committed or under sentence at the time said subsequent offense was committed."" This is a general section dealing with all crimes. The second is section 94-4203, R.C.M. 1947, dealing specifically with escape sentences, which provides in part: ""said second term of imprisonment to commence from the time he would have otherwise been discharged from said prison.""
