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ALLEN v. RHAY

No. 24699.

431 F.2d 1160 (1970)

Gordon M. ALLEN, Petitioner and Appellant, v. B. J. RHAY, Superintendent of the Washington State Penitentiary, Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 22, 1970.

Attorney(s) appearing for the Case

Gordon M. Allen, in pro. per.

Ronald L. Hendry, Pros. Atty., Joseph D. Mladinov, Special Counsel, Tacoma, Wash., Slade Gordon, Atty. Gen., Olympia, Wash., for respondent-appellee.

Before BARNES, HAMLEY and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

Petitioner, serving time for a conviction in a state court of Washington in 1966 for the crime of robbery, petitions for his release by habeas corpus. The Supreme Court of Washington affirmed the conviction in State v. Allen (1967) 72 Wn.2d 42, 431 P.2d 593. Following an escape and conviction therefor he was adjudged an habitual criminal. Again the conviction was...

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