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DRAPER v. RHAY

No. 17802.

310 F.2d 691 (1962)

Robert DRAPER, Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

November 15, 1962.

Attorney(s) appearing for the Case

Duncan Davidson, San Francisco, Cal., for appellant.

John J. O'Connell, Atty. Gen., of Washington, Basil L. Badley, and Stephen C. Way, Asst. Atty. Gen., Olympia, Wash., for appellee.

Before MERRILL, MAGRUDER and BROWNING, Circuit Judges.

PER CURIAM.

This appeal is taken from judgment of the District Court for the Eastern District of Washington, Southern Division, denying appellant's application in the alternative for a writ of coram nobis or of habeas corpus.

Under attack is the validity of a sentence of imprisonment. Appellant had sought a writ of coram nobis from the Superior Court of the State of Washington in and for Yakima County, the sentencing court. That court had denied relief upon...

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