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PALMER v. McCAULEY

No. 9018.

103 F.2d 300 (1939)

PALMER v. McCAULEY, Warden.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 8, 1939.

Attorney(s) appearing for the Case

J. R. Palmer, Walla Walla, Washington, in pro. per.

G. W. Hamilton, Atty. Gen., and W. A. Toner, Asst. Atty. Gen., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Petitioner was convicted of the crime of grand larceny in the Superior Court of Spokane, Washington, and was sentenced to a term in the penitentiary. Thereafter petitioner applied to the Supreme Court of the State of Washington for a writ of habeas corpus, claiming (1) that the Superior Court of Spokane County had no jurisdiction to re-sentence1 him, there being no statute of the State of Washington providing for...

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