McNUTT v. SCHNECKLOTH

No. 15185.

241 F.2d 128 (1957)

Ralph McNUTT, Appellant, v. Merle E. SCHNECKLOTH, as Superintendent of the Washington State Penitentiary at Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

February 1, 1957.


Attorney(s) appearing for the Case

Ralph McNutt in pro. per.

Don Eastvold, Atty. Gen. of Washington, Michael R. Alfieri, Asst. Atty. Gen., for appellee.

Before STEPHENS, FEE and BARNES, Circuit Judges.


PER CURIAM.

McNutt, a state prisoner, appeals from a denial by the District Court of his petition for a writ of habeas corpus. McNutt argues that his constitutional rights were violated when the state trial court vacated his sentence of imprisonment in the state penitentiary "for not less than ten years" and entered a nunc pro tunc judgment and sentence in which he was sentenced to a term of "not more than twenty years".

Under the laws of Washington...

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