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BIRD v. SMITH

No. 141, Miscellaneous.

175 F.2d 260 (1949)

BIRD v. SMITH, Superintendent of Washington State Penitentiary.

United States Court of Appeals Ninth Circuit.

June 7, 1949.

Attorney(s) appearing for the Case

Murray E. Taggart, Walla Walla, Wash., for petitioner.

Smith Troy, Attorney Gen. of Washington, C. John Newlands, Asst. Atty.Gen., of Washington, and Patrick M. Steele, Prosecuting Attorney, Tacoma, Wash., for respondent.

DENMAN, Chief Judge.

Bird petitions me as Chief Judge of the United States Court of Appeals for the Ninth Circuit for a certificate of probable cause of appeal from the judgment of the United States District Court for the Eastern District of Washington denying him a writ of habeas corpus.

Bird is convicted of first degree murder in the Superior Court of the State of Washington in and for Pierce County and sentenced to be hanged. The federal question raised...

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