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JONES v. RHAY

No. 15765.

254 F.2d 393 (1958)

Allen JONES, Appellant, v. B. J. RHAY, Superintendent of the Washington State Penitentiary at Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

April 14, 1958.

Attorney(s) appearing for the Case

Allen Jones, Walla Walla, Wash., appellant, in pro. per.

John J. O'Connell, Atty. Gen., for appellee.

Before STEPHENS, Chief Judge, and DENMAN and BARNES, Circuit Judges.

PER CURIAM.

Jones appeals from a denial by the District Court of the Eastern District of Washington of his application for a writ of habeas corpus seeking to have declared unconstitutional a criminal statute of the State of Washington covering manslaughter for violation of which he pleaded guilty and was sentenced to a term of 20 years. The statute is:

"R.C.W. 9.48.060. Manslaughter. In any case other than those specified in * * * homicide, not being excusable...

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