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IN RE McNEAR v. RHAY

No. 36981.

65 Wn.2d 530 (1965)

398 P.2d 732

In the Matter of the Application for a Writ of Habeas Corpus of CHARLES A. McNEAR, JR., Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, Department Two.

January 28, 1965.

Attorney(s) appearing for the Case

Herbert M. Stephens and Philip L. Burton, for petitioner.

The Attorney General and Stephen C. Way, Assistant, for respondent.

HAMILTON, J.

On March 14, 1962, in King County, Washington, Charles A. McNear, Jr., was convicted of the crime of unlawful possession of narcotics and sentenced to the Washington State Penitentiary. He has since filed with this court an original application for a writ of habeas corpus contending his conviction was obtained in violation of his rights under the constitutions of this state and of the United States.

The petition and the state's answer raised issues...

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