BARTON v. SMITH

No. 11482.

162 F.2d 330 (1947)

BARTON v. SMITH.

Circuit Court of Appeals, Ninth Circuit.

May 27, 1947.


Attorney(s) appearing for the Case

Raymond Barton, in pro. per.

Smith Troy, Atty. Gen., State of Washington, and Edward J. Lehan, Asst. Atty. Gen., for appellee.

Before GARRECHT, MATHEWS, and BONE, Circuit Judges.


GARRECHT, Circuit Judge.

On March 2, 1946, the appellant filed a petition for a writ of habeas corpus in the court below, reciting that he is illegally imprisoned under a judgment of the Superior Court of King County, Washington dated May 4, 1938, for the term of his natural life, "for the offense of being an habitual criminal". The "proceeding" in which he was sentenced is alleged to have been had by virtue of a certain state statute, "and by virtue of certain judicial...

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