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IN RE SCRUGGS v. RHAY

No. 37930.

70 Wn.2d 755 (1967)

425 P.2d 364

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

The Supreme Court of Washington, En Banc.

March 17, 1967.

Attorney(s) appearing for the Case

Francis Conklin, for petitioner.

The Attorney General, Stephen C. Way and Dennis G. Seinfeld, Assistants, for respondent.

FINLEY, C.J.

This is an application for a writ of habeas corpus by Elzie Scruggs, who is presently incarcerated at the Washington State Penitentiary at Walla Walla.

The factual and procedural background of the instant petition is somewhat complex. Thus, a somewhat lengthy factual narration is necessary for an understanding of the problem involved and the reasons underlying our decision to issue the requested writ of habeas corpus.

On June 7, 1962,...

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