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DOOLY v. MAHONEY

No. 57.

42 F.Supp. 890 (1942)

DOOLY v. MAHONEY, Superintendent of Washington State Penitentiary.

District Court, E. D. Washington, S. D.

January 22, 1942.

Attorney(s) appearing for the Case

Albert N. Bradford, of Walla Walla, Wash., for petitioner.

Smith Troy, Atty. Gen. of Washington, and Shirley Marsh and Hugh A. Dressel, Asst. Attys. Gen. of Washington, for P. E. Mahoney, Acting Superintendent of Washington State Penitentiary, Walla Walla, Wash.

SCHWELLENBACH, District Judge.

The judgment and sentence under which petitioner is confined in the State Penitentiary recites that on May 16, 1940, petitioner, having entered a plea of guilty of the crime of "petit larceny by check", was sentenced to the State Penitentiary for a period of not more than twenty years. The State Statute, Rem.Rev.Stats. of Wash. Sec. 2267, provides that any person convicted of a crime of the degree of petit larceny by check shall be punished...

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