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IN RE GENSBURG v. SMITH

No. 31085.

35 Wn.2d 849 (1950)

215 P.2d 880

In the Matter of the Application for a Writ of Habeas Corpus of OTTO ARTHUR GENSBURG, Appellant, v. TOM SMITH, as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, Department Two.

March 13, 1950.

Attorney(s) appearing for the Case

Otto Arthur Gensburg, pro se.

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

HAMLEY, J.

In November, 1947, Otto Arthur Gensburg, having been convicted of the crime of carnal knowledge, was sentenced to serve a maximum of fifteen years in Washington state penitentiary. He thereafter filed in this court an original application for a writ of habeas corpus. The application alleges that his imprisonment is unlawful for the reason that the judgment and sentence were illegal, being obtained in violation of constitutional rights guaranteed...

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