OLSON, J.
Petitioner seeks a writ of habeas corpus from this court, alleging that he is illegally confined in the state penitentiary.
January 6, 1949, in the superior court for Spokane county, petitioner was sentenced to the penitentiary on his plea of guilty to the crime of assault in the second degree. For reasons which are not material, that judgment and sentence was vacated, and he was returned to Spokane county for trial.
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