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RHAY v. WHITE

No. 21328.

385 F.2d 883 (1967)

B. J. RHAY, Superintendent, Washington State Penitentiary, Appellant, v. Don Anthony WHITE, Appellee.

United States Court of Appeals Ninth Circuit.

November 28, 1967.

Attorney(s) appearing for the Case

John J. O'Connell, Atty. Gen., Olympia, Wash., Charles O. Carroll, King County Pros. Atty., Seattle, Wash., Stephen Way, Olympia, Wash. (argued), for appellant.

Young, Huff & Regan, James C. Young (argued), Seattle, Wash., R. Max Etter (argued), Spokane, Wash., Weyer, Sandelin, Sterne & Gaskill, David A. Weyer (argued), Seattle, Wash., for appellee.

Before JOHNSEN, BARNES and ELY, Circuit Judges.

JOHNSEN, Circuit Judge.

We affirm the District Court's order in habeas corpus directing that appellee White be released from confinement by the Superintendent of the Washington State Penitentiary unless the State of Washington grants him a new trial within 120 days.

White is under conviction and sentence for two offenses of murder committed on the same day and made the subject of trial together. On the first slaying he was found guilty of murder in the first...

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