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WHITE v. RHAY

No. 1940.

266 F.Supp. 270 (1966)

In the Matter of the Application for a Writ of Habeas Corpus of Don Anthony WHITE, 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.

April 8, 1966.

Attorney(s) appearing for the Case

Young, Hoff & Regan and Weyer, Sandelin, Sterne & Gaskill, Seattle, Wash.; and R. Max Etter, Spokane, Wash., for petitioner.

John J. O'Connell, Atty. Gen. of Washington, Olympia, Wash., for respondent.

MEMORANDUM OF OPINION

FRED M. TAYLOR, District Judge.

Petitioner, Don Anthony White, has applied to this court for a Writ of Habeas Corpus as a result of his conviction on two counts of murder in the state courts of the State of Washington. Hearing on said petition was ordered by another Judge, who subsequently became incapacitated, and the undersigned was assigned to hear the matter. Pursuant to a stipulation of the parties a hearing was held on the petition...

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