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BRAUN v. RHAY

No. 23277.

416 F.2d 1055 (1969)

Lawrence R. BRAUN, Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Walla Walla, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

September 15, 1969.

Attorney(s) appearing for the Case

Jerry D. Whatley, Santa Barbara, Cal., for appellant.

John J. O'Connell, Atty. Gen., Olympia, Wash., for appellee.

Before HAMLEY and KOELSCH, Circuit Judges, and BYRNE, District Judge.

HAMLEY, Circuit Judge:

Lawrence R. Braun, in Washington State penal custody, appeals from a district court order denying his application for a writ of habeas corpus. He is presently serving concurrent sentences of ten years for taking a motor vehicle without the permission of the owner, and fifteen years for burglary in the second degree, having been convicted of both charges on May 9, 1955.

On July 4, 1964, Braun escaped from Washington's Eastern State Hospital...

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