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IN RE FRYE v. DELMORE

No. 33319.

47 Wn.2d 605 (1955)

288 P.2d 850

In the Matter of the Application for a Writ of Habeas Corpus of JACK FRYE, Petitioner, v. LAWRENCE L. DELMORE, JR., as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, Department One.

October 20, 1955.

Attorney(s) appearing for the Case

Adolf D. Koch, for petitioner.

The Attorney General and Michael R. Alfieri, Assistant, for respondent.

DONWORTH, J.

On January 19, 1940, petitioner was (in cause No. 148, Snohomish county) found guilty by a jury of the crime of second degree burglary. Judgment and sentence has never been entered on this verdict.

On January 22, 1940, information was filed (in cause No. 248, Snohomish county) charging petitioner "with the crime of being an habitual criminal." Trial on this information resulted in a jury verdict finding...

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