DONWORTH, J.
This matter comes before us on the petition of Tom Eskridge for a writ of habeas corpus in which he alleged that he was being unlawfully restrained of his liberty by the superintendent of the state penitentiary, in violation of the constitution of the state of Washington and the constitution of the United States, under a certain judgment and sentence entered by the superior court of Spokane county on December 14, 1935.
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