IN RE JOHNNIE v. RHAY

No. 34177.

55 Wn.2d 113 (1959)

346 P.2d 657

In the Matter of the Application for a Writ of Habeas Corpus of EARL JOHNNIE, Petitioner, v. ROBERT J. RHAY, as Acting Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, En Banc.

November 19, 1959.


Attorney(s) appearing for the Case

Frederick W. Post, for petitioner.

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


WEAVER, C.J.

Earl Johnnie was charged with the crime of carnal knowledge of a four-year-old female child. When arraigned before the superior court of Whatcom county, Johnnie waived counsel and entered a plea of guilty; was adjudged guilty; and sentenced to the state penitentiary for life.

Johnnie's petition for a writ of habeas corpus and the return and answer thereto raised issues of fact which could not be determined by this court from the face of...

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