RHAY v. BROWDER

No. 19466.

342 F.2d 345 (1965)

B. J. RHAY, Superintendent, Washington State Penitentiary, et al., Appellant, v. James E. BROWDER, Appellee.

United States Court of Appeals Ninth Circuit.

February 5, 1965.


Attorney(s) appearing for the Case

John J. O'Connell, Atty. Gen., of Washington, Stephen C. Way, Asst. Atty. Gen., of Washington, Olympia, Wash., for appellant.

Anthony Arntson, Yakima, Wash., for appellee.

Charles O. Carroll, Pros. Atty. for King County, James E. Kennedy, David W. Soukup, William L. Paul, Jr., Deputy Pros. Attys. for King County, Seattle, Wash., for amicus curiae, Prosecuting Attorney, King County.

Before MERRILL, DUNIWAY and ELY, Circuit Judges.


DUNIWAY, Circuit Judge:

Appellant is the superintendent of the Washington State Penitentiary, and the appeal is from an order of the district court granting a writ of habeas corpus at the instance of appellee Browder, a prisoner. We reverse.

Browder was convicted in the Washington state court on six counts of forgery on October 6, 1961. The record in the state trial shows that Browder passed six forged checks, one to a jewelry store on November 27, 1960, one...

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