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EX PARTE BEHRENS

No. 122.

55 F.Supp. 460 (1944)

Ex parte BEHRENS.

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

May 4, 1944.

Attorney(s) appearing for the Case

H. E. Foster, of Seattle, Wash., for petitioner.

Smith Troy, Atty. Gen., and George Downer, Asst. Atty. Gen., for respondent.

SCHWELLENBACH, District Judge.

Petitioner seeks a writ of habeas corpus in order to secure release from the state penitentiary. He attacks the state indeterminate sentence law, Rem.Rev.Stat. Supp. § 10249 — 1 et seq., as an unconstitutional delegation of judicial power. This contention is without merit. Ughbanks v. Armstrong, 208 U.S. 481, 28 S.Ct. 372, 52 L.Ed. 582; Sims v. Rives, 66 App.D.C. 24, 84 F.2d...

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