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IN RE PENNINGTON v. SMITH

No. 30903.

35 Wn.2d 267 (1949)

212 P.2d 811

In the Matter of the Petition for a Writ of Habeas Corpus of EUGENE PENNINGTON, Appellant, v. TOM SMITH, as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, Department Two.

December 14, 1949.

Attorney(s) appearing for the Case

R. Max Etter, for appellant.

The Attorney General and John D. Blankinship, Assistant, for respondent.

MALLERY, J.

This appeal is from an order denying an application for writ of habeas corpus after a hearing on a show cause order.

Appellant was arrested May 19, 1947, on a warrant issued by a justice of the peace of Spokane county upon the complaint of Ralph Smith, sheriff of that county, which charged him with carnally abusing his eleven year old daughter. He was not taken before a committing magistrate for a preliminary hearing.

May 22, 1947...

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