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SAWYER v. RHAY

No. 19224.

340 F.2d 990 (1965)

Earl William SAWYER, Appellant, v. B. J. RHAY, as Superintendent of the Washington State Penitentiary at Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 23, 1965.

Attorney(s) appearing for the Case

L. O. Falk, Spokane, Wash., for appellant.

John J. O'Connell, Atty. Gen. of State of Washington, Stephen C. Way, Asst. Atty. Gen. of State of Washington, Don J. Clark, Asst. Atty. Gen. of State of Washington, Olympia, Wash., for appellee.

Before CHAMBERS, MERRILL and KOELSCH, Circuit Judges.

PER CURIAM.

Appellant, convicted in the Washington state courts of robbery and assault and now confined in the Washington State Penitentiary in Walla Walla, seeks release on habeas corpus. He has appealed from judgment of the United States District Court for the Eastern District of Washington denying him discharge pursuant to 28 U.S.C. § 2253 (1958).

He asserts that in two respects he was denied fair trial in the state courts. His contentions in both...

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