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IN RE WHITE v. SCHNECKLOTH

No. 34128.

56 Wn.2d 173 (1960)

351 P.2d 919

In the Matter of the Application for a Writ of Habeas Corpus of TOMMY WHITE, Petitioner, v. MERLE E. SCHNECKLOTH, as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, En Banc.

May 5, 1960.

Attorney(s) appearing for the Case

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

WEAVER, C.J.

December 13, 1950, petitioner Tommy White was charged by amended information that stated he,

"... on or about October 28, 1950, within Yakima County, Washington, then and there being, did then and there, under circumstances not amounting to assault in the first degree, knowingly and feloniously, unlawfully assault another, to-wit: [name deleted] with intent to commit a felony, to-wit: rape, contrary to the statutes in such case made and provided...

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