GRIFFITH v. RHAY

No. 16705.

282 F.2d 711 (1960)

Henry M. GRIFFITH, Appellant, v. B. J. RHAY, as Superintendent of the Washington State Penitentiary at Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

September 12, 1960.


Attorney(s) appearing for the Case

R. Max Etter, Spokane, Wash., for appellant.

John J. O'Connell, Atty. Gen., Stephen C. Way, Asst. Atty. Gen., Olympia, Wash., Gordon Swyter, Pros. Atty., Edward Cross, Deputy Pros. Atty., Ritzville, Wash., for appellee.

Before ORR, HAMLEY and HAMLIN, Circuit Judges.


HAMLEY, Circuit Judge.

Henry M. Griffith appeals from a district court order denying his application for a writ of habeas corpus. He is in the custody of the warden of Washington State Penitentiary under a death sentence following his conviction in the state court on a charge of murder in the first degree. The opinion of the district court is reported in 177 F.Supp. 386.

Griffith argues here that the district court erred...

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