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GRIFFITH v. RHAY

No. 1428.

177 F.Supp. 386 (1959)

Matter of the Application for a Writ of Habeas Corpus of Henry M. GRIFFITH, Petitioner, v. B. J. RHAY, as Superintendent of Washington State Penitentiary at Walla Walla, Washington, Respondent.

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

September 30, 1959.

Attorney(s) appearing for the Case

R. Max Etter, Spokane, Wash., for petitioner.

John J. O'Connell, Atty. Gen., by Stephen C. Way, Asst. Atty. Gen., and Gordon Swyter, Pros. Atty. for Adams County, Ritzville, Wash., by Edward G. Cross, Deputy Pros. Atty., Ritzville, Wash., for respondent.

POWELL, Chief Judge.

Petition for a writ of habeas corpus has been filed by Henry M. Griffith, a prisoner under sentence of death, confined within this district in the Washington State Penitentiary at Walla Walla County, Washington. He was convicted of murder in the first degree in the County of Adams, State of Washington, by a jury verdict rendered on March 6, 1957.

On appeal to the Supreme Court of the State of Washington, judgment of conviction was affirmed...

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