SMITH v. RHAY

No. 22982.

419 F.2d 160 (1969)

George L. SMITH, Appellant, v. B. J. RHAY, Warden of the Washington State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 1, 1970.


Attorney(s) appearing for the Case

William L. Bennett (argued), Joseph M. Cooney, Spokane, Wash., for appellant.

Paul J. Murphy (argued), Asst. Atty. Gen., John J. O'Connell, Slade Gorton, Atty. Gen., State of Washington, Olympia, Wash., for appellee.

Before HAMLIN, KOELSCH, and ELY, Circuit Judges.


ELY, Circuit Judge:

The courts of the State of Washington have sentenced appellant, George Smith, to life imprisonment as a result of his taking several articles of clothing from a store in which his wife worked. Because of his conviction for the crime of second degree burglary, he received the life sentence under Washington's "habitual criminal" statute. Wash.Rev.Code 9.92.090.

Smith's conviction for second degree burglary was affirmed by the Supreme Court...

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