BAXTER v. RHAY

No. 16172.

268 F.2d 40 (1959)

George V. BAXTER, Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

May 28, 1959.


Attorney(s) appearing for the Case

George V. Baxter, Walla Walla, Wash., in pro. per.

John J. O'Connell, Atty. Gen., M. Lawrence Ross, Stephen C. Way, Asst. Attys. Gen., for appellee.

Before STEPHENS, HAMLEY and JERTBERG, Circuit Judges.


STEPHENS, Circuit Judge.

The appellant, George Van Baxter, is presently serving a life sentence on a state conviction as an habitual criminal. The final link in the chain of evidence establishing this status was a conviction for second degree burglary. The appellant contends that this conviction is invalid because

(1) Evidence obtained by means of an unlawful search and seizure was used at the trial;

(2) Admissions obtained by coercion were introduced...

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