RHINEHART v. RHAY

No. 23113.

409 F.2d 208 (1969)

Keith Milton RHINEHART, Petitioner-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Respondent-Appellee.

United States Court of Appeals Ninth Circuit.

As Modified March 27, 1969.


Attorney(s) appearing for the Case

Malcolm L. Edwards (argued), Seattle, Wash., for appellant.

Lee Rickabaugh (argued), Asst. Atty. Gen., John J. O'Connell, Atty. Gen., Stephen C. Way, Asst. Atty. Gen., for appellee.

Before HAMLEY, MERRILL and HUFSTEDLER, Circuit Judges.


PER CURIAM:

This appeal is taken from an order of the District Court denying petition for writ of habeas corpus without hearing.

Appellant claims that his right to equal protection of the laws was violated by virtue of the fact that the Washington sodomy statute under which he was convicted is being discriminatorily enforced in cases of private, consensual incidents between sexually mature adults. In our judgment factual issues are presented by this claim...

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