IN RE WHITE v. RHAY

No. 37866.

65 Wn.2d 711 (1965)

399 P.2d 522

In the Matter of the Application for a Writ of Habeas Corpus of DON ANTHONY WHITE, Petitioner, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, En Banc.

February 19, 1965.


Attorney(s) appearing for the Case

David A. Weyer, James C. Young, and Max Etter, for petitioner.

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


DONWORTH, J.

The history of petitioner's resort to his state remedies in regard to his conviction on two counts of murder is exhaustively and accurately recorded in Judge Hale's separate opinion in this proceeding. We have no disagreement with the factual statements contained therein.

However, a majority of the court is of the opinion that, in view of the unusual circumstances (described below) under which this petition for habeas corpus comes before us, this...

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